Judgment

S.P. Kurdukar, J.-Parthasarthi (P.W. 1) alongwith his wife Gangabai (P.W. 2) and two children, namely, Suresh and Manjunath (P.W. 3) came to the house of mother of P.W. 2 at B.M.L. Nagar K.G.F on 19.4.1988 to attend the Seemantha ceremony of the wife of the brother-in-law of Parthasarthi to be held on 20.4.1985. The parents of Gangabai (P.W. 2) reside at B.E.M.L Nagar K.G.F. The appellant-accused is the real brother of Gangabai (P.W. 2). Parthasarthi (P.W. 1) was sleeping in one of the rooms in that house. Gangabai (P.W. 2) between 4 and 5.00 P.M. came to the room where Parthasarthi (P.W. 1) was sleeping and told him that their son Suresh had been killed. On hearing this news, Parthasarthi (P.W. 1) and Gangabai (P.W. 2) rushed to the said room where dead body of Suresh with head severed was lying on the floor and the appellant was standing there with a kathi in his hand. Partha­sarthi (P.W. 1) then immediately rushed to the police station and lodged a complaint against the appellant. The police reached the place of occurrence immediately and carried out the necessary investigation.

2. The appellant was put up for trial for committing the murder of Suresh aged about 4 years,