(1.) Appellant is before us, aggrieved by and dissatisfied with a judgment of conviction and sentence dated 7.6.2004 passed by a Division Bench of the High Court of Karnataka at Bangalore in Criminal Appeal No. 32 of 1999 reversing a judgment of acquittal dated 15.9.1998 in S.C. No. 30/91 passed in his favour by the 1st Additional Sessions Judge, Mysore.
(2.) There is a small village 'Rammanahalli' situate near the town of Mysore. It has two streets called 'Kelaginakeri' and 'Melinakeri'. A cinema tent was put therein. There were two groups in the village residing in one or the other said streets. One group intended the owner of cinema/theatre to exhibit films starring Dr. Rajkumar and the other group asked them to exhibit the films starring Sri Vishnuvardhan. They had been asking the proprietor of the theatre to release the films in which their favourite stars were acting. The occurrence took place at about 8.00 a.m. on 9.12.1990.
(3.) The prosecution case is as under : Maruchhaiah, the deceased, had gone out of his house to have a cup of tea. A clash between two groups of people from the aforementioned streets 'Kelaginakeri' and 'Melinakeri' took place. During the said clash, appellant is said to have stabbed the deceased with a knife when he was sitting near 'Garadimane' (Gymnesium). Maruchhaiah was taken to K.R. Hospital at Mysore. He died on the next day, i.e. on 10.12.1990 at about 5.00 p.m. Appellant is said to have also caused injury to Madhu (P.W.6) when he tried to intervene. The said occurrence is said to have been witnessed by P.W. 6- Madhu, P.W.1- Maruchhaiah son of the deceased Maruchhaiah and several others. P.W. 1-son of the deceased was also known as Maruchhaiah. A first information report was lodged at the Mysore South Police Station, stating :