STATE OF KARNATAKA Vs. MALLIKARJUNA ALIAS MALLU

JUDGEMENT

(1.) THE State has preferred tills appeal aggrieved by the judgment and order of acquittal passed by the learned Sessions Judge, Gulbarga, acquitting the respondent herein of the offence punishable under S. 302 of I. P. C.

(2.) THE case of the prosecution in brief is as under:

(3.) THE deceased came to the video cassette shop, where his brother was sitting and informed P. W. 4 that he had sustained bleeding injuries on the left side of the stomach and on enquiry, it was revealed him that the accused had taken the deceased and thereafter the accused had assaulted, the deceased with knife at H. K. E. Society Office, Gulbarga. Immediately P. W. 4 look, his brother to the district Hospital and informed his parents. P. W. 15 Maruti, the PSI, working in Station bazar Police Station, Gulbarga, received a mlc letter through a Police Constable. Rasool Patel at 2. 45 p. m. and on the same day visited the District Hospital at 3. 00 p. m. P. W. 15 recorded the complaint of Satish as per Ex. P. 14 and the signature of Satish was also taken at Ex. P14 and thereafter he came to the Police Station at 4. 00 p. m. and registered the case in Crime No. 71/1996 and sent FIR as per Ex. P15 to the Court. Even in the complaint, Satish had mentioned about the incident of assault and the accused assaulting him with knife below the chest region. After recording the complaint, P. W. 15 conducted spot panchanarna as per Ex. P6 and recorded the statement of eye-witnesses P. Ws. 1 and 2.