JUDGMENT

K. Jayachandra Reddy, J. - The question that arises for consideration in this appeal filed by the State of Karnataka is whether the offence committed by the respondent, the sole accused in the case, amounts to murder punishable under Section 302 I.P.C. or culpable homicide punishable under Section 304 Part II I.P.C. and whether the High Court is right in holding that whenever there is only single injury the offence would be only culpable homicide though the medical evidence is to the effect that the same is necessarily fatal and sufficient in the ordinary course of nature to cause death?

2. The deceased Sugumaran, P.W. l, Pooswamy and other material witnesses were all workers in Kolar Gold Field and were residing in a place called Gorgaum. The house of the accused was about 26 feet from P.W. ls house the deceased, who was son of P.W. ls sister, was living with his mother P.W. 3, Muniyamma in another house. The accused developed illicit intimacy with Chudamani, wife of P.W. 1. On 9.7.1984 at about 11 P.M., P.W. 1 saw the accused making signs to his wife Chudamani and seeing P.W. l, he ran away. On 13.7.1984 at about 3 P.M., P.W. 3 and the mother of the accused were quarrellin