1. The appellant (hereinafter referred as "accused") was tried and convicted for offences punishable under Sections 381, 302, 201 IPC and acquitted of an offence punishable under Section 27 of Arms Act in S.C.No.260/2009 by judgment of conviction and order of sentence dated 29.12.2010 on the file of II Additional District and Sessions Judge, Mysore.

2. The prosecution case in brief is as under :

The deceased-Gunasagara Hegde was the resident of Mangalore. The accused-G.Kantharaju was working as a Police Constable in Vijayanagar Police Station, Mysore. The deceased was dealing in a real estate. In connection with purchase of house site, accused came in contact with deceased. It is the case of prosecution that accused had advanced Rs.50,000/- to deceased for purchase of house site. The deceased was not able to secure house site for accused nor he refunded the advance amount. The accused was frustrated. The accused developed enemity with deceased to such an extent that accused wanted to eliminate him. As such, accused telephoned deceased and secured his presence at Mysore on the pretext that one Swamiji of Nanjanagud is in need of house site for the purpose of establishment of