PV ACHARYA Vs. STATE

JUDGEMENT

(1.) The appellant has challenged his conviction and sentence for the offence punishable under Sections 307, 504 IPC and under Section 27 of the Indian Arms Act on a trial held by the Sessions Judge, Bangalore Rural.

(2.) It is the prosecution version that on 08.01.2009 at about 9.45 a.m., the appellant abused Mallesh (PW2), the owner of premises in filthy language near his house No.6, Thunganagar road, Herohalli, Bangalore and caused a gunshot injury by using his revolver and thereby said to have committed the offences punishable under Sections 307, 504 IPC and Section 27 of the Indian Arms Act. Immediately, after the incident, PW2 was taken to the hospital. He was treated by the doctor (PW1). A complaint was filed by PW4 his wife under Ex.P5 and it came to be registered by PSI PW9. The investigation was taken up. The spot mahazar was held as per Ex.P6 in the presence of PW5 and another. During the surgery doctor (PW1) removed the bullet (MO1) from the abdomen of injured PW2. The blood stained clothes (MOs.2 to 5) were seized under the mahazar. The statement of witnesses were recorded, MOs.6 and 9 to 11 were seized under the mahazar Ex.P7 on their production by appellant-accused after his arrest, in the presence of PW8. The seized articles were sent for the opinion of expert and the report (Exs.P9 and P10) were secured. After completion of investigation, chargesheet was laid against the appellant for the offence under Sections 326, 504, 307 IPC and Section 25(1-A) of the Arms Act. In the Trial Court, the prosecution examined PWs.1 to 11, got marked documents Exs.P1 to P14 and MOs.1 to 12. The statement was recorded under Section 313 Cr.P.C. No defence evidence was led.

(3.) Heard the learned Amicus Curiae for the appellant and learned High Court Government Pleader.