STATE OF KARNATAKA Vs. KUPPUSWAMY GOWNDER

JUDGEMENT

(1.) These appeals have been preferred by the State of Karnataka against the judgment of the High Court of Karnataka setting aside conviction of the respondents and remanding the cases before the Sessions Court for retrial.

(2.) The respondents were committed for trial to the Sessions Judge, Metropolitan Area, Bangalore City in number of Sessions cases including Sessions Case No. 35 of 1980 in respect of an offence under S. 302 for which after trial the respondent Kuppuswamy was sentenced to death and also for offence under S. 332 of the Indian Penal Code and sentence of rigorous imprisonment of one year. Against the conviction and sentences appeals were preferred before Hon'ble the High Court. Kuppuswamy's matter also came before the High Court apart from his appeal also by reference.

(3.) The facts which gave rise to these appeals were that about 2 a.m. on 9th April, 1980 it was alleged that Kuppuswamy the present respondent stabbed Narayanaswamy who expired at 11 p.m., and also Ramu who expired at 8.05 p.m. and also Sunil Kumar, Sub-Inspector of Police, who expired at 2.30 a.m. on the next day. Sunil Kumar and his police party happened to go there in a van on hearing galata in the railway platform of the Cantonment Railway Station, Bangalore, and when Sunil Kumar caught hold of the wrist of the accused respondent, he somehow managed to slip out and stabbed him. P.W. 1 Ulaganathan, who was the Senior Trains Clerk, went and lodged the First Information Report Ex. P-1. Investigation was taken up and after investigation charge-sheet was filed. it is not necessary for us to go into these questions as question involved in these appeals is merely a technical question pertaining to procedure and does not pertain to the merits of the matter.