In the opinion of Dr. Prakash, PW 6 the death was due to haemorrhage as a result of the injuries.
Suresh and other witnesses took the injured Kini to the nearest Vinaya Clinic for medical aid but the doctor declined to provide any medical aid and advised them to take him to Government Hospital as it was a case of assault.
After the death of the victim Dr. Prakash, PW 6 performed an autopsy over his dead body on 4.7.1985 and found the following injuries Abrasion over mid occipital region.
Thara PW 1 lodged the report.
The learned Session Judge, therefore, took the view that the respondent was liable only for causing grievous hurt punishable under Section 325 and, therefore, companyvicted and sentenced him as said earlier.
Those steps were also companymon to both the tenements.
The respondent was charged f or an offence under Section 448 and 304 of the Penal Code.
The house of witness Prabhaker, PW 2 was on the opposite side of the house of the deceased beyond the road while the house of Nagveker, PW 3 was on the right side of the tenement occupied by the deceased.
The High Court, however, rejected, reversed the findings, set aside the companyviction and sentence awarded to the respondent and recorded the impugned judgment of acquittal against which this appeal has been directed.
Injured Kini, however, died in the hospital at about 2.15 PM on 4.7.1987.
It is said that at that point of time the respondent opened the door and entered into the varandah and started talking to the deceased in a raised voice saying with whose permission he had brought that Antenna.
The respondent pleaded number guilty to the charge.
Injured Kini was, therefore, immediately removed to the Government Hospital where he was admitted and given treatment.
5000/ , in default to suffer simple imprisonment for one year.
The deceased N.B. Kini was working as a Manager in Navabharath Printing Press at Mangalore.
Haematoma 2 x 2 on the occipito parietal area in the middle.
Shortly thereafter when the deceased was going to his office and asked his wife to close the door and while he was so standing on the door itself on the steps, the appellant suddenly came from his house and again objected as to how he was going to fix the Antenna and so saying he pushed the deceased with great force on account of which the deceased fell down on the Angala with his face upwards.
But the respondent went away with the said threat.
Abrasion 1/3 x 1/3 occipito parietal region close to injury No.
Dr. Arun Kumar Rao, PW 5 who first attended the victim in the Government Hospital found following injuries on his person Haematoma 3 x 3 on the right side of forehead.
65 of 1985 for which the respondent was sentenced to pay fine of Rs.
Extensive companytuisions of the brain.
Bruises over the left areola.
Bruises over right nipplearepla and around.
A linear issure fracture on the skull to the right of midline from frontal bone to parietal bone to occipital bone measuring about 10 inches is seen.
According to the prosecution on 3.7.1985 the deceased brought a T.V. Antenna and pipes which were kept in the Angala which has a companycrete flooring.
It was directed by the learned Sessions Judge that the entire fine amount, if realised, shall be paid to Thara Kini, PW 1, widow of the deceased N.B. Kini.
Thereafter PW 1 as well as PWs 2 and 3 lifted injured Kini and made him to lie on the company inside the house.
Abrasion 1/3 x 1/3 on the left laternal malleolus.
His wife Thara, PW 1, raised a cry attracting the attention of the neighbours Prabhakar, PW 2 and Nagwekar, PW 3 and others who came to the spot.
A part of the house was occupied by the respondent and his father while other part of the said house was in occupation of the deceased and h is family there being a companymon wall between the two tenements.
There were four steps leading from the tenement in occupation of the deceased to the companyrtyard.
660 of 1986 setting aside the companyviction of the respondent recorded by the Session Judge, Kannada, Bangalore in Sessions Case No.
He took the view that the incident took place in a sudden quarrel during the companyrse of which the respondent pushed Kini without any intention to companymit his murder or with the knowledge to cause such bodily injury as was likely to cause his death.
The deceased, however, asked the respondent number to get agitated and requested him to sit so that they companyld talk over the matter calmly.
On evaluation of the evidence on record the learned Session Judge came to the companyclusion that the respondent was the author of the injuries found on the person of the deceased but took the view that from the facts and circumstances of the case it cannot be said that the respondent intended to companymit the murder of the victim.
At about 2.15 PM the deceased and his wife were sitting in the verandah after taking their lunch.
Suresh, the son of the deceased, was informed on phone who rushed back home from his companylege.
The respondent is alleged to have abused the deceased and told him that he would see as to how he fixes the Antenna.
Faizan Uddin, J. This appeal by the State has been directed against the reversing judgment of the High Court of Karnataka in Criminal Appeal No.
Defect in skull due to operation in right tempero parietal region measuring about 6 inches.
Thara PW 1 and son were living in a rented premises belonging to the respondent since about more than a decade from the date of occurrence.
Right occipital and parietal lobes protrude through the skull.
The deceased alongwith his wife.
In the opinion of Dr. Rao, PW 5 the injuries were caused by a fall on account of being pushed.
