M. F. SALDANHA, J.

( 1 ) THIS is an appeal preferred by the State of Karnataka and is directed against the judgment and order of the learned sessions judge, raichur dated 19-6-1993 in S. C. No. 70 of 1992.

( 2 ) THE charge against the respondent-accused was that on 9-7-1992 at about 6. 00 a. m. at hirapur village within the limits of yeragere police station that he is alleged to have assaulted his mother tayamma on the head with an axe because she refused to give him money and thereby committed an offence punishable under Section 304, part ii, I. P. C.

( 3 ) THE prosecution case was that the accused is alleged to have got into an argument with his mother earlier in the morning on that day and subsequently assaulted her with the butt end of an axe because she refused to give him money for alcohol. The other residents of the house and the neighbours immediately came to the scene and according to them since the accused was in a violent rage, they disarmed him and tied his hands and legs with a rope after which the complainant went to the police station. This is a rather remote village and is at a distance of over 25 k. ms. From the police station and there was a considerable time lag

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