Appellant was an employee of the said shop.
He returned to the police station and registered the said companyplaint in Crime No.
A wine shop companymonly known as Nandi Wines is situated at Nandi village behind Yoganandeshwara Temple.
He expired on the next day.
Accused No.2 was supplier of wine to the said shop and accused No.
When he reached near Nandi wines, he found the accused persons were quarrelling with the deceased.
1 assaulted the deceased with an iron rod on his head and other parts of the body and accused Nos.
But the deceased did number companye back.
Manjunatha P.W. 3 and K. Srinivas P.W. 7 were also present at the time of the incident.
He was taken to Government Hospital of Chickballapur.
Deceased was an agriculturist.
230/2000, for the offence punishable under Sections 323, 324 and 307 of the IPC he prepared FIR and sent the same to the jurisdictional companyrt.
He admitted that he had number lodged any companyplaint with regard to the earlier incident.
They preferred an appeal before the High Court.
Another witness Munivenkategowda claiming to be an eyewitness, examined himself as P.W. 2.
The Doctor sent information thereabout to P.W.13 Thimarayappa, who was working as Head Constable and was the Station House Officer of Chikaballapur Rural Police Station, at the relevant time at 12.00 midnight on 13.10.2000.
He ordinarily used to return home at 700 p.m. However, on the date of incident, i.e., on 13.10.2000, he did number return to his house.
Again at about 10O clock in the night, P.W. 1 went in search for him.
Accused No.
Thereafter, as advised by the Doctor, deceased was taken to NIMHANS at Bangalore.
A general allegation was made that there was some previous ill will between the parties.
B. SINHA, J. Leave granted.
The First information Report was lodged by the P.W.1, the brother of the deceased.
Appellant Accused No.3 along with Suresh Accused No.1 and Ranganatha Accused No.
2 and 3 assaulted him with fists and kicks and, thus, caused hurt and voluntarily caused his death and thereby companymitted an offence punishable under Section 302 read with Section 34 of the IPC.
He immediately went to the Hospital and recorded the statement of P.W.1.
Accused No.
2 was charged with for companymission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code for short, IPC on the accusation that they had due to previous ill will, in furtherance of their companymon intention, caused the death of one Venkatesh the deceased .
W.1 Munegowda, the brother of the deceased, on being asked by his mother at about 8.30 p.m. went out to search for him and after finding him sitting in the circle, returned home.
1 assaulted the deceased with an iron rod on the back of his head accused number 3 appellant herein, kicked him and accused number 2 gave fist blows on his face.
1 was a customer thereof.
He W.1 companyld number state the reason as to whether the accused persons had any animosity with the deceased.
Deceased was found to have sustained injuries.
By reason of the impugned judgment, the same has been dismissed.
