This appeal is preferred by the accused, feeling

aggrieved by the judgment dated 24.09.2011 passed by

the Court of II Additional District and Sessions Judge,

Tumkur in S.C.No.84/2006, convicting and sentencing

him for an offence punishable under Section 307 of IPC.

2.

Heard and perused the material on record.

3.

The brief facts of the prosecution case are

that, the victim/first informant (P.W.1) was doing

contract work since 10-12 years and he had undertaken

contract work of Hemavathi Canal and doing construction

work near Golenahalli village. One Mahadev was working

as Mestri and under him about six to seven persons were

working. The work was in progress since 1½ months.

The accused joined as a watchman and thereafter,

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started doing coolie work. He was frequently asking

P.W.1 to give him money but P.W.1 had refused. Hence,

on 26.04.2003, there was a quarrel between them. On

the date of incident, i.e., on 27.04.2003 at about 7.30

p.m accused telephoned to the house of P.W.19s aunt

asking to send him to his aunt9s house. P.W.1 went and

waited for ½ hour in his aunt9s house for the phone call

and since the accused did not turn up, at about 8.15 p.m

he was proceeding to his hou