B.A. PATIL, J.

1. Accused by challenging the judgment and order of conviction and sentence passed by the Principal District and Sessions Judge, Chickaballapura, in SC.No.117/2013, dated 5.2.2015 is before this Court in this appeal.

2. Facts leading to the case are that prior to the alleged incident, accused-appellant tried to outrage the modesty of the daughter of the brother of the deceased. Deceased and other persons went and advised the accused to keep good behaviour. On the very night when the deceased was sleeping, accused came and assaulted with a stone and caused grievous injuries to the deceased. A complaint was registered against the accused in this behalf. With an earlier ill-will accused hatched a plan to commit the murder of Chikkagangappa and by seeing him, on 21.4.2013 at about 6.30 a.m., when the deceased Chikkagangappa had been to the land of K.T. Aswathreddy to attend the second call of nature, at that time, he came and assaulted Chikkagangappa with an axe and caused the grievous injuries on the head and other parts of the body of Chikkagangappa. As a result of the same, Chikkagangappa fell down and breathed his last. It is further case of the prosecution t