SUDARSHAN S Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed on behalf of accused No.3 in crime No. 253/2017.

(2.) Heard the learned counsel for the petitioner and learned HCGP.

(3.) The case of the prosecution is that, on 01.12.2017, at 8.30.p.m., while the deceased Shivakumar was having dinner at Kairalli Bar, accused Nos. 1, 2 and 3 came there for taking food parcel. The deceased Shivakumar is alleged to have stared at them and hence, all the accused persons picked up quarrel with the deceased. According to the prosecution, accused Nos.2 and 3 assaulted the deceased with hands and when he fell down, accused No.1 stabbed on the abdomen of the deceased with a dagger. He succumbed to the injuries in the hospital on 04.12.2017. The post mortem report indicates that the deceased had sustained three incised injuries, which are attributable to accused No.1. The weapon used for the commission of offence is not yet recovered.