STATE OF KARANTAKA Vs. KHATU ALIAS HANUMANTHARAYA

JUDGEMENT

(1.) Challenge in these appeals is to the judgment rendered by a Division Bench of the Karnataka High Court. By the impugned judgment while believing the evidence of witnesses and the dying declaration recorded, the High Court was of the view that the conviction of the accused respondent was one punishable under Section 304 Part II of the Indian Penal Code, 1860 (in short the IPC) and not under Section 302 IPC. Since the evidence of the witnesses and the dying declaration have been accepted the only question that remains to be considered is whether the High Court was justified in holding that the case related to Section 304 Part II and not Section 302 IPC.

(2.) The State of Karnataka questions correctness of the judgment. Learned counsel for the respondent supported the impugned judgment.

(3.) The only reason indicated by the High Court is as under: