The facts leading to the demise of the deceased Kuppa can be stated as follows Head Constable Sadashivaiah, PW2, received an intimation at about 10.30 p.m. in the night of 14th February, 2003 from the doctor on duty at the Victoria Hospital stating that a badly injured person had been admitted to the Victoria Hospital.
The companyduct of both the doctor on duty and PW3 was very numbermal.
Immediately thereafter, the appellant started assaulting Kuppa on the right side of his stomach with a knife and caused grievous injuries.
P3 and also identified the endorsement of the duty doctor on the said dying declaration regarding fitness of the injured as Ex.
According to this witness, the street light was there at the time of the incident.
He even identified the T shirt that Kuppa was wearing on the day of the incident which was blood stained marked as MO 3.
On removal of the sutures, they are cut wounds, skull deep.
This witness duly identified the knife, MO 1 used by the appellant as well as the broken glass pieces of the bottle marked as MO 2.
Unfortunately, Kuppa succumbed to his injuries and died in the hospital on 15th February, 2003 at 7.00 a.m. Dr. Naveen PW1 informed the police and prepared the death memo, Ex.
The people had gathered there.
The said police officer found the deceased in a sound state of mind and the duty doctor duly endorsed regarding fitness of the deceased to make a statement.
Looking at Kuppa, the appellant had started abusing Kuppa and uttered that he would companymit murder of Kuppa.
The doctor had cared first to take steps to give medical aid to the injured and make every effort to save the deceased rather than calling the police instantaneously.
According to the statement of the deceased, as recorded by PW2, there was previous animosity between him and the appellant and on 14th February, 2003 at 7.45 p.m. when he and PW3 were proceeding to have meals and go to their house after the days work, they met the appellant who said that he would do away with the deceased and stabbed him with knife on his stomach due to which he fell down.
Accordingly, the Head Constable recorded the statement of the deceased Kuppa and the same was exhibited as Ex.
Then, he had taken Kuppa to the hospital and got him admitted.
After recording the statement, the same was handed over to the PSI Shivanna for further investigation.
After receiving this information, PW2 proceeded to Victoria Hospital and approached the duty doctor, Dr. Girija.
PW3 has stated in his statement before the Court that on 14th February, 2003 at about 7.15 p.m., he and the deceased were proceeding towards hotel for tiffin, at Double Road, Lal Bagh when they were near the MP Stores, the appellant was standing there.
Anthoni, PW3, took him to the hospital and got him admitted.
Scalp skull External injuries described.
Extra vasation of blood present around companyresponding external injuries.
P2 b .
Kuppa fell down, meanwhile, the appellant assaulted him with a bottle on the forehead and ran away.
He did the latter and companyrectly so.
This witness stated that he knew both the deceased and the accused for the last more than 12 years.
Moreover, he identified the towel as MO 4 and the blood stained pant of Kuppa as MO 5.
Even thereafter, the accused did number spare him and repeatedly assaulted him with glass bottles on his head and face, causing grievous injuries.
When PW2 was examined as a witness in the Court, he identified the MLC report, Ex.
Swatanter Kumar, J. The present appeal is directed against the judgment of the High Court of Karnataka, Bangalore, dated 4th December, 2007 companyfirming the judgment of companyviction and order of sentence passed by the Fast Track Sessions Judge III, Bangalore City, dated 26th October and 28th October, 2004, respectively companyvicting the appellant under Section 302 of the Indian Penal Code, 1860 for short, the IPC and awarding him sentence of rigorous imprisonment for life and a fine of Rs.10,000/ , in default thereto to undergo further rigorous imprisonment for a period of three and a half years.
The priority for PW3 was number to go to the police station and lodge the FIR but to take the deceased, who was seriously injured at that time, to the hospital at the earliest.
