Rajrani and Jagdeesh were married in 2001 and were residing at Gopalnagar, Bangalore. However after few years their relationship got strained and they were regularly quarrelling over frivolous issues. One Day, Rajrani left her matrimonial house with her eldest daughter Priyambada and started living with her father Raghavendra at Vijaynagar, Bangalore. Jagdeesh kept his younger daughter, Vijaya with his sister, Deepmala and prevented Rajrani from seeing the child.
During a noon Rajrani came to Deepmala's house and forcefully took Vijaya with her.
Jagdeesh hearing this reached Rajrani�s house at Vijaynagar and quarreled.
After two days of the incident, Jagdeesh and Raghavendra happened to meet at a market place and started to quarrel and grappled with each other. Both fell down. In the heat of passion thus generated Raghavendra slapped Jagdeesh saying he would kill him. Jagdeesh in fit of rage took a stick lying nearby and gave a blow to the stomach of Raghavendra. Raghavendra who was suffering from diseased spleen fell down instantly. Before dying Raghavendra gave his Dying Declaration regarding the fight and the knowledge of Jagdeesh about the enlarged spleen. Rajajinagar police arrested Jagdeesh and filed charge sheet.
Evidence was led by prosecution in the sessions Court and during trial an eyewitness stated that it was Raghavendra who slapped Jagdeesh and started the fight. Trial Court relying on Dying Declaration of Raghavendra convicted Jagdeesh for commission of murder and sentenced him for life imprisonment.
Jagdeesh challenged the conviction by filing a Criminal Appeal, before the High Court of Karnataka, relying on the deposition of the eyewitness.
I AM REPRESENTING THE APPEALANT JAGDEESH. PLEASE HELP !!