( 1 ) THIS appeal is preferred by the State against the judgment dated 13-5-1993 passed by the Second Additional Sessions Judge, D. K. in SC No. 44/91 acquitting the respondent accused of the offence punishable under S. 302, IPC.

( 2 ) WE have heard the learned Additional Gov ernment Pleader, Sri Rajagopal, and the learned counsel for the respondent, Sri R. B. Deshpande, and perused the records of the case.

( 3 ) THE case of the prosecution is as follows : on 23-2-1991 at about 11 p. m. the accused picked up quarrel with deceased Shanmuga at Mallika Jewellers shop situated in Goivri Mutt Road in Mangalore City. At that time PW-1 Dharmaraj, who was proceeding in his auto-rickshaw towards his house came near the spot. Accused told the said Shanmuga that he would send Kadle People refer ring to deceased Shanmuga. PW-1 separated the accused and the deceased. PW-2 M. R. Ramesh, who was running a moving petty shop of Amlet also came there. CW-2 also came there. Accused ran towards his nearby house and returned with a knife in his hand and stabbed a number of times of the left and right side chest of Shanmuga. PW-3 Vamanna Shetty, shifted the injured from the spot to the hospital in his a

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