Nesargi, J.-The appellant has been convicted and sentenced for having committed an offence punishable under section 302, Indian Penal Code read with section 34, Indian Penal Code by the Sessions Judge, Raichur, in Sessions Case No. 29 of 1973. He has in this appeal, challenged the conviction and sentence.

2. This case has a history of its own At 1-00 a.m. on 28th June, 1960, one Shivabassappa was stabbed while he was sleeping in his house. The house opposite to that belonged to him. Shankarappa and Guruppa, who are sons of Shivabassappa, Shankarappa’s wife and children and P.W.5. Irayya and P.W 6 Sofikhan who are servants of Shivabassappa used to sleep in that house. Shankarappa and his wife had gone to Bangalore as Shankarappa’s wife was to be treated. Virupakshappa, Hanmappa Kali, Bassayya, Irayya and and this appellant, according to prosecution, entered the house where Shivabassappa was sleeping and stabbed him. Shivabassappa cried out and P.Ws.5 and 6 woke up. They took a lantern with them and rushed to the house. They saw the appellant, Virupakshappa and Kali Hanmappa running out of the house. They went inside and saw Shivabassappa lying having sustained stab injuries on his bo

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