STATE OF KARNATAKA Vs. P. KUMAR @ VIJAY

JUDGEMENT

(1.) THE State has filed this appeal against the acquittal of respondent (hereinafter referred to as 'accused ™) for offences punishable under sections 302 and 201 IPC.

(2.) WE have heard Sri N.S. Sampangiramaiah, learned HCGP for State and Sri E.R. Diwakar, learned Amicus Curiae. We have been taken through evidence and the impugned judgment.

(3.) P .W. 1 -Dr. Udayashankar conducted post -mortem examination and found that deceased had sustained as many as 46 stab injuries and 12 lacerations and death was due to shock and haemorrhage, consequent to multiple injuries. Ex.P.1 is the post -mortem examination report. At this juncture, it is necessary to state that evidence of P.W. 1. that deceased had suffered 46 stab injuries and 12 lacerations and his death was due to shock and haemorrhage on a vacant plot near the building of one Khan situate in Aleem Layout in Kodichikkanahalli has not been controverted by the defence. The place of incident has not been controverted by the defence. The accused had also suffered injuries and he was examined by P.W. 12 -Dr.Sujathaon 15.9.2003. P.W. 12 on examination of accused found following injuries: 1. A single linear superficial laceration measuring 1 cm x 1/4 cm x 1/4 cm, over middle of hypothener eminence. 2. A single superficial abrasion measuring 1/4 x 1/4 cm over lateral aspect of right ring finger.