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 house. When he reached the

compound wall of the house, the accused suddenly came

and with an intention to do away with his life, stabbed on

his abdomen with a knife.

4.

P.W.1/victim was shifted to the Government

hospital, Tumkur for treatment. P.W.5/PSI of Tilak Park

Police Station on receiving the information, visited the

hospital and recorded his statement in the presence of

doctor, as per Ex.P.1 and thereafter, registered the case

and forwarded FIR/Ex.P.5 to the Jurisdictional Court.

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5.

P.W.5 conducted spot mahazar-Ex.P.2. The

blood stained shirt of the victim/P.W.1 was seized under

a mahazar-Ex.P.3. Further investigation was taken over

by P.W.6-PSI. On 28.10.2003, the accused was arrested

and his voluntarily statement as per Ex.P.7 was

recorded. The knife-MO2 was seized at his instance.

After completion of investigation charge sheet was filed

against the accused for offence punishable under Section

307 of IPC and he was tried for the said offence.

6.

The learned Sessions Judge by judgment

dated 30.12.2006 in SC No.84/2006 convicted and

sentenced the accused for an offence punishable under

Section 326 of IPC. The said Judgment was challenged

by way of an appeal by the accused before this Court.

The appeal was allowed and the matter was remitted

back to the trial court for examining the doctor and to

pass a fresh judgment. After remand of the case, Medical

officer was examined as P.W.7. Considering the oral and

documentary evidence on record, learned Sessions Judge

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vide impugned judgment dated 24.09.2011 convicted the

accused for the offence punishable under Section 307 of

IPC and sentenced him to suffer rigorous imprisonment

for 4 years and to pay a fine of Rs.3,000/- and in default

to pay the fine, to suffer rigorous imprisonment for one

year, which judgment is under challenge.

7.

To

establish

the

guilt

of

the

accused

prosecution has got examined seven witnesses and got

marked Ex.P.1 to Ex.P.10 and Mo1 and Mo2.

8.

The first informant namely the victim is

examined as P.W.1. In his evidence he has deposed that

on 27.04.2003, the accused called him over phone in the

name of Mestri stating that his wife is not keeping well

and asked him to come near his neighboring house.

Accordingly, he went and waited for his phone call upto

45 minutes. Thereafter, while he was returning to his

house at about 8.30 p.m and when he had entered the

compound wall of his house, the accused who was

standing inside the compound, all of a sudden took out a

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knife and pierced on the left side of his stomach. He fell

down and saw blood was oozing. As he raised alarm, his

wife and neighbouring persons rushed to the spot. He

was shifted to the hospital in an auto-rikshaw and

hospitalized for 15 days, wherein he was operated. He

has further stated that police came to t