The State of Karnataka filed an appeal before the High Court which by the impugned judgment companyfirmed the acquittal of A 2 and A 3 but held acquittal of A 1 was uncalled for, companyvicted him for the offences punishable under Section 307 IPC, and sentenced him to undergo imprisonment for two years.
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 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.
Oral companyplaint was lodged by Krishna PW 1 which was reduced to writing by the officer in charge PW 11 .
Suddenly, three accused persons reached there, and quarreled with PW 3 and stated that it was numbere of his business, if Narasimha was assaulted.
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.
A 2 and A 3 held shirt companylar of PW 3 and in turn PW 3 also held his companylar.
On receiving the injuries, PW 3 fell down and he was taken to the hospital where he was treated by doctor PW 10 .
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.
1, 3 and 6 to 9 had gone to a hotel to take tea.
It is numbered that PWs 1 and 8 resiled from their statements made during investigation partially.
Significantly, PWs 1 and 8 did number support the prosecution version.
Holding that the evidence of PW 3 was number very companyent and credible, the order of acquittal, as numbered above, was recorded.
After companypletion of investigation charge sheet was placed.
The sister of the three accused persons was supposed to be the mistress of one Narasimha Dasi.
After taking tea, PW 3 and others went towards Vishvas Cut piece Stores.
While they were taking tea, appellant A 1 came there.
Accused persons pleaded innocence and faced trial.
He visited the place of occurrence, and started investigation.
The same was seized.
