STATE Vs. D MAHADEVAIAH

JUDGEMENT

(1.) THE State has challenged the legality and correctness of the order of acquittal passed by the learned Additional District and Sessions Judge, Bangalore Rural District, Bangalore, in S. C. No. 59 of 1993. The learned Trial Judge has acquitted the accused for the offence punishable under section 302 of the IPC.

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

(3.) P. W. 2 Rajendra, the Cashier of SRS Wine Stores, P. W. 3 Harish who was working at Ravi wines as Assistant Salesman and P. W. 14-Gangaraju who was also working in Ravi Wines as salesman, witnessed the incident from their wine shops; while P. W. 14 closed his shop and left the place, P. Ws. 2 and 4 assisted P. W. 1 in removing the injured to the nearby Government hospital. This incident of stabbing near SRS Wine Store was reported to the police. The sub-Inspector of Police-P. W. 20 Shivanna who came to know of this incident, took his Head constable with him and rushed to the place of incident which was at a distance of 80 ft. and came to know that the injured was shifted to the hospital, immediately came back to the hospital where he found the injured Aswatha under the treatment of P. W. 5-Dr. Siddalingaswamy.