The deceased Sugumaran, PW 1 Pooswamy and other material witnesses were all workers in Kolar Gold Field and were residing in a place called Gorgaum.
On 13 7 1984 at about 3 p.m., PW 3 and the mother of the accused were quarrelling near the house of PW 1.
PW 1 chased the accused but companyld number catch him.
After companypletion of the investigation, the charge sheet was laid.
PW 1 rushed to the house of PW 3 and fetched her son, the deceased.
The doctor, who companyducted the postmortem, found one stab injury on the left side of the chest and opined that the death was a result of the said injury to the vital organs.
On 9 7 1984 at about 11 p.m., PW 1 saw the accused making signs to his wife Chudamani and seeing PW 1, he ran away.
The deceased, who was son of PW 1s sister, was living with his mother PW 3, Muniyamma in another house.
The accused developed illicit intimacy with Chudamani, wife of PW 1.
Thereafter he went to the police station and gave a report, Ex.
The accused in the meanwhile, on hearing the quarrel, entered the scene with a knife MO 1 in his hand and on seeing the deceased the accused gave a knife blow on the left side of his chest as a result of which the deceased fell down and died instantaneously.
The house of the accused was about 26 feet from PW 1s house.
The accused pleaded number guilty.
PW 10 SI took up the investigation, held the inquest and sent the dead body for postmortem.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. The question that arises for companysideration in this appeal filed by the State of Karnataka is whether the offence companymitted by the respondent, the sole accused in the case, amounts to murder punishable under Section 302 IPC or culpable homicide punishable under Section 304 Part 11 IPC and whether the High Court is right in holding that whenever there is only single injury the offence would be only culpable homicide though the medical evidence is to the effect that the same is necessarily fatal and sufficient in the ordinary companyrse of nature to cause death?
