JUDGMENT :

This appeal is directed against the judgment of conviction and order of sentence rendered by the trial Court in S.C.No.83/2016 dated 02.02.2017 whereby convicting the accused for the offence punishable under Section 302 of IPC, 1860. Whereas under this appeal the appellant is seeking intervention of the judgment of conviction and to consider the grounds as urged in this appeal and consequently, set-aside the judgment of conviction rendered by the trial Court in S.C.No.83/2016 and acquit the accused for the offence punishable under Section 302 of IPC.

2. Heard learned counsel Sri H.P. Leeladhar for appellant and learned Addl.SPP for respondent – State. Perused the judgment of conviction rendered by the trial Court.

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

It is transpired in the case of prosecution that complainant – H.G. Sangappa had entrusted work of construction of house in site bearing No.172 situated at Swamy Vivekananda Layout, Shivamogga to CW.7 – Prakash under whom deceased Rajasab @ Basha and accused Shekarappa were doing masonry work. On 18.12.2015 both deceased and accused were working in the site and since the RCC work was under progress, the complainant