JUDGMENT

Arijit Pasayat, J.-The High Court of Karnataka found the appellant guilty of offences punishable under Section 307 of the Indian Penal Code, 1860 (in short the IPC ) and sentenced him to undergo rigorous imprisonment for two years, by upsetting the order of acquittal recorded by the Trial Court. Three accused persons were acquitted, but the High Court did not interfere with the order of the acquittal of two other persons (A-2 and A-3), who are brothers of the appellant and faced trial with him.

2. Factual scenario giving rise to the present appeal is as follows:

On 1.5.90, between 11.00 to 11.30 a.m. PWs. 1, 3 and 6 to 9 had gone to a hotel to take tea. While they were taking tea, appellant (A-1) came there. The sister of the three accused persons was supposed to be the mistress of one Narasimha @ Dasi. When A-1 reached near PW-3 and the others, he was questioned by PW-3 as to why he and his brother had assaulted Narasimha. There was verbal exchange between P-3 and A-1. A-1 left the place. After taking tea, PW-3 and others went towards Vishvas Cut-piece Stores. Suddenly, three accused persons reached there, and quarreled with PW-3 and stated that it was none of his business,