JUDGMENT

P.N.Desai, J. - This appeal arises out of the Judgment of conviction and sentence passed by the learned Prl. District & Sessions Judge, Raichur against the accused for the offence punishable under Section 307 of Indian Penal Code sentencing him to undergo imprisonment for a period of five years and to pay fine of Rs.5000/-, in default of payment of fine to undergo simple imprisonment for one year.

2. The brief case of the prosecution is that, on 26-10-2007 at about 8.00 p.m. at Hirenaganur village, when the complainant Prakashappa who is the father of injured after dinner came out of the house towards road and he found near corner of church somebody was quarreling with his son. Then he went there and saw friends of his son viz, Netiraj, Arogyappa, Dodmanappa and Vijaykumar were also present. He found there Nagareddy, Timmangouda, Mahadevappa, Hussainsab, Ningappa, Siddappa, Chandamma, Basavaraj, Antonappa, Deshappa and Hussainsab S/o Hussainab all of them were stating that, they must take away the life of this Anand and his hands and legs must be broken, at that time accused Srikant and Nagareddy took the knife and stabbed on left side ear and ran away, he tried to rescue h