JUDGMENT :

K. SOMASHEKAR, J.

1. This appeal is directed against the judgment of conviction and order of sentence passed by the Court of III Addl. District and Sessions Judge, Kolar (sitting at KGF) in S.C. No. 147/2016 dated 13.04.2018 whereby held conviction against the accused for the offences under Sections 302 and 324 of IPC, 1860 and held that accused shall undergo imprisonment for life and to pay fine of Rs. 10,000/- for the offence under Section 302 of IPC and he shall undergo imprisonment for one year for the offence under Section 324 of IPC and shall pay fine of Rs. 3,000/- with default clause.

2. In this appeal the appellant is seeking intervention of the impugned judgment of conviction by consideration of grounds as urged in this appeal and consequently, set-aside the judgment of conviction and order of sentence rendered by the trial Court in respect of the aforesaid offences and to acquit the accused for the charges levelled against him.

3. Heard learned counsel Sri N.S. Sampangiramaiah for appellant/accused and Smt. Rashmi Jadhav, learned HCGP for State. Perused the judgment of conviction rendered by the trial Court.

4. The factual matrix of the appeal are as under:

It is transpired in the case of the prosecution that on 08.07.2016 at around 4.00 p.m. at Pakarahalli Village, Bangarpet Taluk whereby the deceased Narayanappa died due to injuries caused to him with means of knives like sword in the assault said to have been caused by his son namely Muniraju who is arraigned as accused. It is further stated that CW-1 and 2 have also sustained injuries due to assault made by the accused person. CWs.1 and 2 were sent to Government Hospital, Bangarpet for treatment by securing the ambulance by the villagers. CW-22 namely Sri Ravikumar who was working as Sub-Inspector and CW-21 namely Sri Madhusudhan who was working as Head Constable No. 18 of Bangarpet Police Station in Kolar District had gone to the Government Hospital at Bangarpet and as per the instruction and also dictation of CW-22, CW-21 recorded first information statement at Ex.P1 at around 7.30 p.m. on 08.07.2016 of CW-1 Rathnamma who is none other than second wife of deceased Narayanappa.

5. In the first information statement at Ex.P1 it is alleged that Smt. Rathnamma is the second wife of deceased. One late Smt. Jayamma was first wife of deceased and she had one son and a daughter by name Muniraju who is the accused and Smt. Venkatarathna. The said Smt. Venkatarathna died and the accused was residing at Araluru Village, near Bengaluru with his wife and children and he was running Auto Rickshaw. Smt. Rathnamma gave birth to three sons and one daughter and among them her sons died and her daughter Smt. Saraswathi who is CW-8 was given in marriage to a person of Malaganahalli of Srinivasapura Taluk and since the husband of said Smt. Saraswathi was murdered about 5 to 6 years back, said Smt. Saraswathi and her two sons by name Kum. Charan - CW-2 and Kum. Dhanush - CW-3 returned back to the house of Smt. Rathnamma and her husband Sri Narayanappa at Pakarahalli village, Bangarpet Taluk. That about one week back prior to 8.7.2016 the accused - Muniraju came to Pakarahalli Village, Bangarpet Taluk and stayed in the house of Smt. Lakshmidevamma - CW-4 who is the sister of deceased Narayanappa. The accused - Muniraju used to demand his father deceased Narayanappa to effect partition and to allot share to him. In this regard panchayath was held on 08.07.2016 at about 9.00 a.m. near Hudukula Gate and in the said panchayath village leader by name Sri Nagarajappa and others were present. Subsequently, on the same day i.e. on 08.07.2016 at about 4.00 p.m. when Smt. Rathnamma and her grand sons Kum. charan and Kum. Dhanush and deceased - Narayanappa were in the house of Pakarahalli village, Bangarpet Taluk, accused came to said the place and abused deceased - Narayanappa saying that he would kill said Narayanappa since he refused to give share in the property. At that time CWs. 2 an