JUDGMENT

M.M. Mirdhe, J. - The appeal is preferred of the State-appellant against the judgment dated 20-10-93 passed by the Additional Sessions Judge, Raichur, in S. C. 58/87 acquitting the respondent - accused of the offence punishable under Section 307 I.P.C.

2. Since the accused remained absent inspite of the service of notice of this appeal on him, we have appointed Sri Ramadorai, a learned Member of this Bar, as an Amicus Curiae to asset the Court and to argue the appeal on behalf of the respondent-accused.

3. We have heard the learned Additional State Public Prosecutor Sri A.B. Patil and the learned Amicus Curiae Sri Ramdorai fully and perused the records of the case.

4. The case of the prosecution is as follows: That P.W.1 and the respondent - accused are the native of Huli Hyder village situated in Gangavathis Taluk of Raichur District. About three months prior to the date of the incident, the respondent - accused and P.W.1 had quarrelled when they were working as coolies for construction of a road and P.W.1 beat the respondent accused. On 12-6-1986 at about 6 p.m. P.W.1 had gone to answer the second call of nature on a Government open space near a 'halla' and at that time