IMPORTANT POINT
Merely because statement of witnesses is recorded u/s 164 Cr.P.C. that does not automatically dilute worth of evidence.

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 pool for a swim. This swimming pool is attached to a posh five Star Hotel known as Lalitha Mahal Palace Hotel, situate in Mysore. When the accused came to the swimming pool, he noticed that K. Sathyadev (hereinafter referred to as the deceased ) was present in the swimming pool. Since the deceased was an unauthorised user of the swimming pool, the accused asked Swimming Attendant (PW-13) to remove the said deceased Sathyadev, from the swimming pool. After instructing PW-13 thus, the accused and his wife went to the dressing room to change into their swimming costumes. Shamanthakamani got into her swimming costume and entered the swimming pool first. The accused also came to the swimming pool in his swimming dress and he noticed that the deceased was sniggering at his wife Shamanthakamani. The accused abused the deceased and gave three blows to the deceased. One blow landed on the mouth, one blow on the shoulder and a third blow which was given in Karate style landed on the left side of neck of the deceased, who fell dead in the swimming pool. PW-13 who was the swimming attendant rushed towards the pool and wanted to save the deceased. The accused restrained him by holding his hand. Subsequently, others brought the deceased out of the swimming pool and placed him by the side of the swimming pool. The deceased was dead when he was brought out of the pool.

3. PW-34 was the Sub-Inspector of Police, Law and Order, Nazarabad Police Station, Mysore. On 7.4.1991, while he was at his residence, he got a message that some person has been drowned in the Swimming Pool of the hotel. He also received a message from the accused that he should bring a life guard to the swimming pool. In the meanwhile, the car of the accused also arrived at the police station. The driver of the car one Chavan told PW-34 that somebody had drowned in the swimming pool. He went to a nearby Nursing Home and was not able to find a doctor and, therefore, went in the accused s car to bring a doctor, who was Dr. Vishnumurthy (PW-20). PW-20 came in the accused s car to the swimming pool followed by PW-34 in his Motorcycle. When PW-34 went to the swimming pool, he saw the accused and his wife and the children of the accused and PW-13 swimming pool attendant. He also saw PW-27 and his son PW-29 near the Swimming pool. He saw the deceased and noticed that he had only an underwear on his body. The accused asked Dr. Vishnumurthy (PW-20) to examine the deceased. The sub-Inspector (PW-34) reported before the accused at the swimming pool. The accused told PW-34 in Kannada which translated into English, reads as follows :-

"Look here, see some bastard has fallen into the water and drowned. Take the case as per Section 174 Cr.P.C. and prepare inquest Panchanama."

4. PW-34 asked the accused was should