EARAPPA ALIAS MADIVALAPPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The facts of the prosecution case discloses that on 25-5-1993 at about 1.00 p.m. in Malladagudda village, P.W. 1 and the deceased were going together, the accused had objected P.W. 1 for putting hutment which ensued quarrel. In the process, he stabbed the deceased with sickle. The deceased was shifted to Raichur hospital and then admitted to Government Hospital at Bellary. The deceased died on 28-6- 1993. The PM report discloses the death is on account of septicaemia and exhaustion as a result of gangrenous-peritonitis of the abdominal injury. The deceased was also operated before his death.

(2.) P.W. 1 lodged the complaint before the police on the same day. Statement of the deceased is recorded on the next day at 2.30 p.m. on 26-5-1993. The Tahsildar has recorded the dying declaration of the deceased.

(3.) The trial Court on the basis of the dying declaration and on the basis of the evidence of P.W. I, convicted the accused for the offence u/S. 302,I.P.C. The accused is in appeal.