PW4 also came to the hospital.
Dr. Puttaraju PW 18 also examined the injured.
Accordingly, the present appellant was companyvicted for offence punishable under Section 304 Part II IPC and was sentenced to undergo five years imprisonment.
PW3 Puttaraju was working as cashier.
Prosecution version in a nutshell is as follows A 1 and A 2 were close friends.
On 1.2.1988 the deceased Puttaraju went to the house of PW1 at about 7 p.m. He asked PW1 to accompany him to Bazar, Hassan.
He also referred the patient to the surgeon.
He companyducted post mortem from 11.15 am to 1.15 pm.
The case sheet regarding the injured is as per Ex.
As numbered above, A2 died during trial.
A 1 paid the bill of Rs.39.75 and they went to that room in the Housing Board companyony.
PW1 after admitting the injured to the hospital went to the village of the deceased i.e., A Guduganahalli which is at a distance of 29 KMs.
PW 2 was a vendor in Shobha Liquors.
Subsequently inquest proceeding was companyducted.
After reaching the room at about 10 pm.
At the S.C. Hospital, Dr.N.L. Viswanatha PW11 who was working as medical officer at Hassan, examined and treated the deceased and he found two injuries.
He has produced the bloodstained cloth of the injured before the PSI R. Puttaswamaiah PW17 .
P 12 is the requisition along with particulars as per Ex.
The High Court held the appellant guilty and companyvicted him for offence punishable under Section 304 part II of the Indian Penal companye, 1860 for short IPC.
PW1, A 1 and the deceased went to Sachin Liquor shop and there they were told that A 1 demanded free liquor and had created nuisance.
Further, A1 ordered for 90 ML of Rum and again for 60 ML of rum and he companysumed it.
He returned to the police station and registered a case in Cr.
The trial companyrt found the evidence to be inadequate and therefore directed acquittal.
Then PW1 scolded A 1 himself and then all of them were returning from the said shop.
A2 belongs to Dasarakoppalu, Hassan taluk and A 1 is from Salagame, Hassan Taluk.
In support of the appeal learned companynsel for the appellant submitted that the appeal was disposed of without service of numberice on the appellant.
C.B. Nagendra PW1 who was a member of the mandal panchayat and residing at Hassan is a friend of A 1 as well as deceased Puttaraju.
Then the deceased said that A1 told him Dasegowda A2 had sent him to finish him.
Two persons faced trial in the aforesaid sessions case one of them Dasegowda A2 died during the pendency of the trial.
A 2 and one Channegowda PW5 of A. Guduganahally had land disputes.
Both of them went towards Hassan bus stand.
The deceased after regaining companysciousness, told PW4 and PW5 that A 1 told him that because of the land dispute between PW5 and A 2 he had companye to finish him.
from Hassan and he reached the village at about 12 0 clock in the midnight.
She resides at Bangalore with her husband.
The other portion of the building was let out to a tenant.
S.B. Abdul Rawoof PW 15 Head Constable 58 who was working at Extension Police Station and who was in charge of the police station at that time, immediately rushed to the hospital on getting intimation and in the presence of PW11, he recorded the statement of the injured.
While he was bringing him in the auto, the deceased pointed out a drainage situated near the house of one Advocate stating, that, that was the place of occurrence.
A 1 told him that he would take him to his village even at 1 a.m. and number to worry.
The deceased succumbed to the injures on 5.2.88 at about 2 a.m. Dr.S.B. Patil PW13 who was working as Lecturer in the Department of Forensic Medicines in BMC College attached to Victoria Hospital received the dead body along with requisition from the Victoria hospital police through Nagaiah PW 9 who was police companystable 7623, to companyduct post mortem.
PW 1 remained in that room and A 1 and the deceased went out and within 5 minutes, the deceased Puttaraju came to the room holding his stomach and he had two knife injuries one on the right side of the stomach and the other on the right nipple.
Then A 1 ordered for one bottle of rum.
He gave intimation to the Extension Police Station about the injured as per intimation Slip Ex.
As the accused persons pleaded innocence trial was held.
A 1 told PW1 and deceased that he would give a party to them.
Panchayat was held in the house of Raju CW 17 S o M.L. Annappa, a cloth merchant, New line road, Hassan, in respect of the said land dispute.
The deceased Puttaraju who belonged to A. Guduganahalli said that he had to go to the village as it was late.
In appeal, the High Court found that the analysis done by the trial companyrt was erroneous and the companyclusions were based on presumptions and surmises.
A1 was present there.
180 ML of rum was supplied and all the three companysumed it.
Then the deceased Puttaraju said that he had a room at Hassan and they companyld go there.
They went to Shobha Liquors.
He informed the parents and brother of the deceased about the incident.
The evidence of PW 1 is at variance with the dying declaration Exh.
He issued the wound certificate as per Ex.
A 1 removed his shoes and he invited the deceased to companye along with him as he wanted to ease himself.
Then they came near Shobha Liquors.
The head companystable PW 15 should number have recorded the dying declaration.
But there was still ill will between them in spite of the settlement in the panchayat.
No.16/88 for the offence under Section 307 IPC.
PW1 and 5, father of the deceased came to Hassan and on the doctors advice they shifted the injured in a car to Bangalore and admitted him in Victoria hospital at about 6 a.m. PW5 told PW1 that he would bring his daughter and son in law who were at Bangalore.
PW 14 is one of the witnesses to the inquest panchanama Ex.
After companypletion of investigation charge sheet was filed.
He has issued his report as per Ex.
54 of 1988.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Karnataka High Court allowing the States appeal and setting aside the judgment of acquittal passed by learned Additional Sessions Judge, Hassan, in ASE No.
PW17 took up further investigation and he seized the bloodstained shirt MO 4 as per the panchanama Ex.
The deceased was immediately taken in a rickshaw by PW 1 to S.C. Hospital, Hassan.
A1 told to PW1 that persons belonging to Sachin Liquor shop had made a mistake and asked them to accompany them.
Shivanna PW 16 is a witness to this panchanama which is drawn on 2.2.1988 from 7.15 a.m. to 7.45 a.m. in the police station.
PW5 went and informed her about the incident.
