M. SADASIVAYYA, J.

( 1 ) THE appellant has been convicted for an offence punishable Under Section 302 of the I, P. C. and has been sentenced to imprisonment for life by the Sessions Judge of South Kanara, in sessions Case No. 1 of 1957 on the file of his Court. The prosecution case was that at about 2 P. M, on 29-11-1956, at Sooda village of Karkal Taluk, the accused caused the death of one mutliayya Shetty by hitting him with a wooden seat (Mane) which has been marked as M. O. 1 in the case. The eye-witness to the actual occurrence, was P. W. 1 Shamba, a girl of the age of about ten years. Muthayya Shetty appears to have been an old man of the age of about 70 years. P. W. 1 has given evidence in respect of the following facts: On the afternoon of the occurrence Muthayya shetty came to the house of P. W. 1 and enquired where her father was; at that time P. W. 1 was alone in the house and she informed Muthayya Shetty that her father had gone to his land. Just at that time the accused came out from his house towards the courtyard of the house of P. W. 1; muthayya Shetty went towards the accused. Thereupon, the accused picked up the wooden piece M. O. 1 which was lying nearby and thr

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