JUDGMENT

This appeal is against conviction judgment in SC.No.112/2016 on the file of I Additional Sessions Judge, Kolar. The appellant being the accused faced trial for the offence under section 302 of IPC and has stood convicted and sentenced to life imprisonment and fine of Rs.10,000/-.

2. The incident that led to prosecuting the accused took place on 8.5.2016, the allegation against the accused being that when the accused, Narayanaswamy, Anbu and Tulasi were playing a native dice game called ‘Chowka Bhara’ in front of Satyamma temple around 12 noon, the accused and Narayanaswamy got into altercation which was pacified by the villagers. But around 1.00 p.m., when Narayanaswamy was sleeping in front of Satyamma temple, all of a sudden the accused came to that place with six others and on the instigation of one Nagaraj stabbed Narayanaswamy on his left rib. This resulted in Narayanaswamy suffering serious injuries. He was taken to SNR Hospital, Kolar in the first instance and from there he was shifted to R.L Jalappa Hospital. But Narayanaswamy succumbed to injuries on the same day at

4.35 p.m.

3. PW13 was the first informant and Ex.P13 was the report given by him to the police. He was