M. SADASIVAYYA, J.

( 1 ) THIS is an appeal against the conviction of the present appellant in Sessions Case No. 58 of 1956 on the file of the Sessions Judge, Dharwar. The facts of the case, briefly stated, are as follows:

( 2 ) THE present appellant along with two other persons who were accused Nos. 2 and 3 in the said sessions Case, had been charged for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code, or in the alternative, for an offence punishable under Section 201 read with Section 34 of the Indian Penal Code. The case of the prosecution was that between the 7th and 8th of September 1956, these three accused persons had intentionally caused the death of one Sangappa Hanamappa Haglad of halligudi village while the said Sangappa was proceeding on his bicycle from Venkatapur to halligudi, and that thereafter all the accused persons removed the dead body of Sangappa and burnt it in a hay stack with the intention to cause disappearance of the evidence of the commission of the murder. There were no eye-witnesses to the commission of the alleged offence. The evidence and circumstances on which the prosecution case rested were, briefly, as follows

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