JUDGMENT :

Sanjiv Khanna, J.

Leave granted.

2. This appeal by Krishnamurthy (also described as Krishna Murthy), Gopala and Thimmappa takes exception to the judgment dated 20th February 2021 passed in Criminal Appeal No. 200147 of 2017, whereby the Division Bench of the High Court of Karnataka, Kalaburagi Bench, has affirmed their conviction under Section 302 read with Section 34 and individually for the offences under Sections 447, 504, 506 and 341 of the Indian Penal Code, 1860 (for short, 'IPC).

3. Having examined the evidence in detail, we agree that Krishnamurthy has been rightly convicted under the aforesaid Sections, including Section 302 of the IPC. Testimonies of Channamma (PW-1), Ramanjaneya (PW-4), Dullaiah (PW-6) and Dodda Narasimha (PW-7), all eyewitnesses, implicate Krishnamurthy as the perpetrator who had assaulted the deceased-Venkatarama after he had fallen down. In view of our analysis of the testimonies in the ensuing paragraphs, we have reservations in entirely relying upon the depositions of Dullaiah (PW-6) and Dodda Narasimha (PW-7). But we have no reservation in accepting the depositions of Channamma (PW-1) and Ramanjaneya (PW-4) implicating Krishnamurthy. We have