B.G. NADAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of acquittal passed by the Fast Track Court, Virajpet in Sessions Case No. 58/2001 dated 8.7.2010, is called in question, in this appeal.

(2.) ACCUSED No. 1 was charged, tried and acquitted for the offences under Section 307 read with Section 34 of IPC and Sections 25 & 27 of the Indian Arms Act. Accused No. 2 was separately charged for the offence under Section 114 of IPC also.

(3.) AT 9 a.m. on 16.9.1999, when complainant -Nadappa was standing in front of his house, the accused No. 1 fired a gunshot against the complainant at the instigation of accused No. 2; accused No. 1 is none other than the son of accused No. 2; as a result of gunshot, the complainant sustained injuries on his chin, right shoulder and stomach; P.Ws. 2, 4, 5 and 6 saw the accused firing the gun at the complainant; immediately they came to the spot; however, accused Nos. 1 and 2 fled away from the scene; the injured/complainant was immediately taken to Hospital at Somwarpet; subsequently, he has taken treatment in City Hospital, Kadri, Mangalore; the Doctor has opined that the complainant has sustained simple injuries; while taking treatment in the hospital at Somwarpet, the Sub Inspector of Police recorded the statement of P.W.1 as per Ex. P1; based on which Crime No. 250/1999 came to be registered in Somwarpet Police Station. The police after investigation laid the charge sheet.