JUDGMENT :

1. The instant appeal is filed by the appellant, the sole accused, challenging the judgment of conviction and order of sentence dated 31.01.2014 passed in Sessions Case No.93 of 2012 by the Principal Sessions Judge at Chikmagalur, whereby, the appellantaccused was convicted for the offence punishable under Section 302 of Indian Penal Code, 1860 (for short ‘I.P.C.’) and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/, in default of payment of fine, he shall undergo simple imprisonment for one year.

2. The case of the prosecution is as follows:

That the deceased Manjunath was doing money lending business. He was a bachelor and the accused is his nephew, that is the father of the accused was the brother of the deceased. That six months prior to the incident, the accused had borrowed Rs.40,000/from the deceased stating that he will repay it. Since, the said amount was not repaid, there was a quarrel between them. On 06.07.2012, the accused assaulted the deceased with a hammer on his head causing grievous injuries. Immediately after the incident, the deceased was taken to the hospital for treatment. About 5 to 6 days thereafter he succumbed to injuries