(1.) This appeal is filed by the accused challenging the judgment dated 30.06.2004 in S.C. No. 157/1997, passed by the Fast Track Court - 1, Shimoga convicting the Appellant for the offence under Section 304 Part II r/w. Section 34 IPC and sentencing him to undergo R.I. for a period of 3 years and to pay fine of Rs. 500/- in default of payment of fine, to undergo S.I. for a period of 10 days.
(2.) The case of the prosecution is that accused Nos. 1 to 3 on 06.09.1997 at about 3 p.m., in the land which is situated in survey No. 36 of Keregadde Village, Thirthahalli Taluk, while grazing the Oxen in their land, took up a quarrel with CW.2 Shantha when she tried to tether the Oxen away from her land and at that time, the deceased came to the spot and accused Nos. 1 and 2 quarreled with the deceased and dragged him with an intention to assault him. At that time Prakash - the deceased assaulted accused No. 1 with the sickle on the forehead, accused No. 3 came to the spot and abetted accused No. 1 to finish deceased Prakash with the same sickle and accused No. 1 dealt a blow on the hind portion of the left knee of the deceased which caused grievous injuries on the deceased and ultimately resulted in his death thereby, accused Nos. 1 to 3 are alleged to have committed an offence punishable under Section 304 r/w. Section 34 IPC.
(3.) In order to prove the case, the prosecution examined in all 17 witnesses and got marked Exs. P.1 to P. 18 and produced M Os. 1 to 15.