STATE Vs. GURAPPA ALIAS GURAVA

JUDGEMENT

(1.) THE xx additional sessions judge, Bangalore by his judgment dated 8-6-1994 in S. C. No. 169 of 1992 convicted the accused-respondent for an offence under Section 326 of the Indian Penal Code. The accused was sentenced to undergo r. i. For a period of three years and to pay a fine of Rs. 1,000/- in default to undergo s. i. For a period of two months.

(2.) THE prosecution case, in brief, is that on 2-3-1992 at 11. 15 p. m. In front of muneshwara swamy temple on the night of sivarathri there was a brawl between p. ws. 1 and 3 on one side and the accused on the other side. At that time the deceased chose to intervene and try to pacify both sides. During the scuffle, a. 1 stabbed the deceased.

(3.) THE eye-witnesses were p. ws. 1, 6 and 7. The motive appears to be that the accused were playing cards on the verandah of the temple and the deceased and others warned the accused not to play cards. The deceased, seeing the scuffle between P. W. 3 and the accused, tried to pacify both parties. In the exchange of words, the deceased was stabbed with a knife.