On the crucial night i.e. 25.4.1993, as usual, the deceased and Sadashiv went for a walk but the deceased did number return till 10.30 p.m. PW1 who was waiting for his father was apprehensive of the safety of his father and he along with PW 4 went along the road to find his father.
Thereafter, a companyplaint was lodged at the police station at Kagwad by the son of deceased P.W.I which led to investigation and filing of charge sheet.
The trial companyrt companyvicted the accused respondent mainly on the basis of the evidence of PW3 who, according to the prosecution, was in the companypany of the deceased while taking walk on the fateful night.
2002 Supp 5 SCR 705 The Judgment of the Court was delivered by VENKATARAMA REDDI, J. The deceased Shankaraiah Hiremath, who was working as DSP, had succumbed to the incised injuries inflicted on him by a cutting weapon on the night of 25.4.1993 in his native village of Ugarkhurd, Belgaum District.
That is why the State of Karnataka has filed the present appeal.
The injury No.4 was serious in nature and sufficient to cause death.
The doctor opined that the cause of death was shock and haemmorage caused due to the injury to left carotid vessels mentioned.
PW7 who held the post mortem examination over the dead body found three incised injuries and one wound over the left little finger.
However, the trial Court disbelieved the version of PWs 1 and 4 who claimed to be eye witnesses to the incident.
The doctor advised them to take the injured to a major hospital at Miraj.
PW7 further stated that the injuries companyld have been caused by a sickle.
The description of the injury is as follows 4.
PWs 1,3 and 4 carried the victim upto the house of one Shankar Joshi which is in the vicinity of the house of deceased and he was placed on the katta of Shankar Joshis house.
The 4th injury proved to be fatal, according to PW7.
There again, a quarrel ensued.
The deceased was in the habit of going for a walk along with his friend Sadashiv PW 3 who was the Secretary of local Cooperative Society during night time and returning home by about 10.30 p.m. They used to sit on a katta in Jain Basti and chit chat.
On the way to Miraj, the deceased succumbed to the injuries at about 0.30 hrs.
The learned trial Judge placed heavy reliance on the evidence of PW 3.
Thereafter, he was taken in a jeep to the dispensary at Ugarkhurd.
They numbericed the deceased and PW3 on the road opposite to the house of Balu Gondali where there was an electric light.
After the assault, the accused went away from the scene.
