MANDEPANDA RAJESH ALIAS AIYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Additional SPP appearing for the respondent State.

(2.) The factual matrix of the case of the prosecution is that accused No.8 Sri Achari Seetharama without having any valid licence manufactured one S.B.B.L. gun and sold the same to accused No.7. Accused No.7 along with accused Nos.1 to 6 had a conspiracy to murder C.W.1 Jeevan on 26/7/2006 at about 8.30 p.m., in Chembebellur Village and accused Nos.1 to 8 had common object to murder C.W.1 Jeevan with conspiracy. When C.W.1 was returning to his house after completing his work, accused Nos.1, 3 and 4 restrained C.W.1 Jeevan. It is also the case of the prosecution that on the instigation of accused Nos.3 and 4, accused No.1 fired with gun on C.W.1 Jeevan, as a result, he sustained grievous injuries on his left chest as well as hand. Based on the complaint Ex.P.1, which was recorded in the presence of P.W.9 by P.W.25, the case was registered, the matter was investigated and invoked the offences under Ss. 341, 307 and 120B of IPC and Ss. 27(1), 25 and 3 of the Indian Arms Act against the accused persons. The accused persons were arrested and faced trial and the prosecution mainly relied upon the evidence of P.W.1 to P.W.27 and also the documents at Exs.P.1 to 43 and also got marked M.O.1 to M.O.20. A portion of the statement of P.W.2 was marked as Ex.D.1 and the accused not led any defence evidence. The Trial Court having considered the material on record, accepted the case of the prosecution in respect of accused No.1 and in respect of other accused persons not accepted the same and acquitted the other accused persons. Accused No.1 was sentenced for rigorous imprisonment for a period of ten years with fine of Rs.25,000.00 for the offence punishable under Sec. 307 of IPC and five years rigorous imprisonment with fine of Rs.10,000.00 for the offence punishable under Sec. 27(1) of the India Arms Act.

(3.) Being aggrieved by the said order of conviction and sentence, the present appeal is filed before this Court.