Present appeal is filed by the appellant/accused

No.1 being aggrieved by the judgment and order dated

20.08.2019 passed in Sessions Case No.27/2015 on the file of

the Principal District and Sessions Judge, Bagalkot (hereinafter

referred to as ‘the Trial Court’) by which the Trial Court has

convicted accused No.1 for the offence punishable under

Section 302 of the Indian Penal Code, 1860 (for short, ‘IPC’)

and sentenced him to undergo imprisonment for life and pay

fine of Rs.25,000/- and in default of payment, to undergo

simple imprisonment of six months and has acquitted accused

No.2 of the said offence.

2.

The case of the prosecution is that; the deceased

Malakajagouda had illicit relationship with the wife of accused

No.1 namely Smt.Gangavva. That on 08.11.2014 at about

12.45 a.m. near Dyamavvana Katte, in the land bearing

R.S.No.40 belonging to the complainant situated in Vajjal

village, accused No.1 in furtherance of his common intention

along

with

accused

No.2

murdered

Malakajagouda

by

assaulting him with an axe on the backside of his neck and

head while he was sleeping in the land.

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3.

The prosecution examined 21 witnesses as PWs.1 to

21 and exhibited 27 documents mark