K.N. KESHAVANARAYANA, J.—This appeal by the convicted accused is directed against the judgment and order dated 21.11.2005 passed by presiding Officer and Additional Sessions Judge, Fast Track Court IV, Kolar, in S.C. No. 66/2000 convicting him for the offence punishable under Section 307 and 326 of IPC and sentencing him to undergo R.I. for 7 years and to pay fine of Rs. 5,000/- for the offence punishable under Section 307 of IPC and further sentencing him to undergo R.I. for 5 years and to pay fine of Rs. 5,000/-, for the offence punishable under Section 326 of IPC.

2. The case of the prosecution in brief was as under:

PW2, Laxmamma is the mother of PW1 Umashankar. Accused, Yekambaresh @ Ekambaram is the younger brother of PW2, they being the children of one Late Venkatappa, R/o Punyahalli Village inMulbagal Taluk. Land bearing Sy. No. 117 measuring about 4 acres situated in Punyahalli Village among other lands was the property owned by said Venkatappa who died intestate about 20 years ago leaving behind his wife, Meenakshamma, two daughters and three sons. PW2 was claiming that land bearing Sy. No. 117 has been gifted to her by her father towards Harishina-Kumkuma before