REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1006 of 2007

A. Shankar

…Appellant

Versus

State of Karnataka

…Respondent

J U D G M E N T

Dr. B.S. CHAUHAN, J.

1. This criminal appeal has been filed under Section 2(a) of the

Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act,

1970 against the judgment and order dated 28.2.2007 of the High Court

of Karnataka, Bangalore, in Criminal Appeal No.1069 of 2000 by

which the High Court has reversed the judgment and order dated

31.10.1998 passed by the XV^th Additional City Sessions Judge,

Bangalore, in Sessions Case No.366 of 1996, acquitting the appellant

of the charges under Sections 302 and 307 of the Indian Penal Code,

1860 (hereinafter called `IPC’).

2.

Facts and circumstances, as per the prosecution case

giving rise to this appeal had been that the law was put into motion by

younger brother of the deceased, Shankara (PW.8), who lodged a

complaint orally on 26.3.1996 that the appellant came to the Barber

Saloon of Murthy Prasad, deceased, on 25.3.1996 at about 8 p.m. and

demanded Rs.150/- from the deceased. Sinc