JUDGMENT

P. Venkatarama Reddi, J.-This appeal by special leave filed by the State is against the judgment of the High Court of Karnataka setting aside the judgment of the Sessions Court, Mysore and acquitting the respondent herein of the charge under S. 302 IPC. The respondent was charged of committing murder of his companion by name Ananthu by inflicting injuries with a chopper on the afternoon of 28.6.1988 at a room in Kucheta lodge in Mysore. According to the prosecution, the accused and the deceased who stayed in the house of PW 4 on the day prior to the day of occurrence came together to Mysore on the next day i.e. 28.6.1988. The accused came to the house of PW 4 to meet the deceased Ananthu who was related to him. The accused and the deceased checked in at Kucheta lodge in Mysore at about 1.30 P.M. on 28.6.1988. At that time PW2 who was a friend of the proprietor of the lodge and who used to stay in the lodge during his visits to Mysore to attend to his contract work was at the counter of the hotel. According to PW 2, the manager by name Raju while leaving for food requested him to be at the counter. Entries were made in the lodge register and a receipt - P1 was passed on t