JUDGMENT

Arijit Pasayat, J.-One Somashekar (also described as accused ) was prosecuted for alleged commission of offences punishable under Sections 341, 302, 201 and 506 of the Indian Penal Code, 1860 (in short IPC ). He was acquitted by the Trial Court. He was, however, convicted by the impugned judgment by a Division Bench of the Karnataka High Court by revision of the judgment of the Trial Court. The High Court held the accused guilty of offences punishable under Section 304 (part II) and Section 201 IPC. For the first offence the accused was sentenced to undergo imprisonment for three years and a fine of Rs. 1 lakh with default stipulation. For the offence relating to Section 201 IPC, one year rigorous imprisonment was imposed. It was directed that in case the fine was deposited the same was to be treated as compensation to the mother of the deceased (PW 1). Said Somashekhar died during pendency of the appeal before this Court. In his place, his legal representatives have been impleaded.

2. The prosecution version is essentially as follows:

On 7.4.1991 in the afternoon, the accused along with his wife Shamanthakamani and her two young sons had come to the Lalitha Mahal swimming