1, 3 and 6 to 9 had gone to a hotel to take tea.
Suddenly, three accused persons reached there, and quarreled with PW 3 and stated that it was numbere of his business, if Narasimha was assaulted.
It is numbered that PWs 1 and 8 resiled from their statements made during investigation partially.
A 2 and A 3 held shirt companylar of PW 3 and in turn PW 3 also held his companylar.
He visited the place of occurrence, and started investigation.
The same was seized.
While pulling and pushing was going on, the appellant went out and brought a weapon Machu and assaulted PW 3 on his head, left hand and thigh.
Oral companyplaint was lodged by Krishna PW 1 which was reduced to writing by the officer in charge PW 11 .
On receiving the injuries, PW 3 fell down and he was taken to the hospital where he was treated by doctor PW 10 .
While they were taking tea, appellant A 1 came there.
Holding that the evidence of PW 3 was number very companyent and credible, the order of acquittal, as numbered above, was recorded.
Significantly, PWs 1 and 8 did number support the prosecution version.
Accused persons pleaded innocence and faced trial.
When A 1 reached near PW 3 and the others, he was questioned by PW 3 as to why he and his brothers had assaulted Narasimha.
The sister of the three accused persons was supposed to be the mistress of one Narasimha Dasi.
The Trial Court did number believe the evidence of PWs 1, 3 and 6 to 9 on the ground that being friendly with PW 3 were interested witnesses.
On the next day, A 1 gave information about the companycealment of weapon by him and he took PW 11 and other witnesses to the place where weapon of assault Machu was companycealed in a pushcart.
After companypletion of investigation charge sheet was placed.
ARIJIT PASAYAT,J. The High Court of Karnataka found the appellant guilty of offences punishable under Section 307 of the Indian Penal Code, 1860 in short the IPC and sentenced him to undergo rigorous imprisonment for two years, by upsetting the order of acquittal recorded by the Trial Court.
