JUDGMENT

Dr. ARIJIT PASAYAT, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment rendered by a Division Bench of the Karnataka High Court dismissing the appeal filed by the appellant questioning correctness of the conviction recorded by the Fast Track Court. The said Court found the appellant guilty of offence punishable under Section 302 of the India Penal Code, 1860 (in short the ‘IPC’) and sentenced him to undergo imprisonment for life and to pay a fine of Rs.8,000/– with default stipulation.

3.Background facts in a nutshell are as follows:

One Chengapa (hereinafter referred to as the ‘deceased’), his wife Smt. Baby Chengappa (PW-1), the accused and most of the witnesses are the residents of Garvale village. There is no much dispute that the accused and the deceased were related. According to the prosecution the Geejaganda family to which the accused and the deceased belong owned nearly 348 acres of land. Out of the same, donation of about 48 acres, was made and the remaining area was with the family. There were six sharers in the said Geejaganda family. The said six sharers were in possession of the respective portion of the remaining area. The deceased was claimi