1. The appellant herein has challenged the judgment of conviction and order of sentence dated 29.11.2010 in S.C. No.106/2009 passed by I Addl. Sessions Judge, D.K., Mangaluru (hence forth for brevity referred to as the ‘Sessions Court’) for the offence punishable under Sections 302 and 324 of the Indian Penal Code.

2. In his memorandum of appeal the appellant has taken contention that all the prosecution witnesses speaking regarding the occurrence have turned hostile to the prosecution, as such, there was no material to convict him for the offence alleged against him. He was just wanted to take back his hand loan which he had given to the deceased and at the refusal of the deceased a quarrel started and he has bet the deceased, the deceased had consumed alcohol which aspect the court below has not properly appreciated. Further pleading that he is young and aged only about 30 years having old aged parents and small children, has prayed for setting aside the judgment of conviction and sentence and to acquit him of the alleged charges.

3. In response to the notice the respondent is being represented by the prosecution.

4. Lower court records was called for and the same are plac