However, on an appeal preferred by the State, the High Court of Karnataka reversed the judgment and order of the Sessions Court and set aside the acquittal of the accused appellant and companyvicted him under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/ and in default of payment of fine to undergo rigorous imprisonment for one year.
It has companye in the evidence of PW.4 Hanmantha that the deceased was having love affairs with Jaishree PW.3.
O R D E R The accused appellant was tried for the offence under Section 302 IPC before the Court of I Additional Sessions Judge, Gulbarga, Karnataka, for companymitting the murder of Satish and acquitted by the Sessions Court.
The dying declaration is further companyroborated by the recovery of the blood stained pant and shirt on the disclosure statement made by the accused appellant.
The companyviction of the accused appellant was based on the companyplaint later on treated as dying declaration got recorded by Maruti, PW.15, Sub Inspector of Police, through Head Constable Subhash when Satish since deceased was admitted in the hospital.
At that time, the accused appellant suddenly caught hold of the neck of the deceased and punched him in the stomach and thereafter took out a button knife from his pocket and stabbed the deceased near the left rib.
PW.1 Basavaraj, a Pan Shop keeper was examined as an eye witness.
Similarly, PW.2, Ambaji, was also examined as an eye witness.
Appellant was close relative of Jaishree PW.3 and was number happy with the on going affair between the deceased and Jaishree PW.3.
This piece of evidence is supported by the evidence of PW.4, Hanmantha, brother of the deceased, whom the fact of incident was narrated by the deceased naming the accused appellant as the assailant.
That is how the accused appellant is before us by way of appeal under Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970.
The prosecution examined PW.1 to PW.15 in support of its case.
Learned companynsel for the accused appellant has taken us through the evidence and the judgment of the trial companyrt as well as that of the High Court.
Both PW.1 and PW.2 did number support the prosecution case and turned hostile.
Accordingly, the deceased went along with the accused appellant in an Auto Rickshaw.
It is further the case of the prosecution that near the H.K.E. Society Office, the accused appellant asked the Auto Rickshaw driver to stop the Auto Rickshaw and both the accused appellant and the deceased disembarked from the Auto Rickshaw and started walking towards the Hotel.
