MADIVALAPPA CHANNAPPA HULGUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The two accused in Sessions Case No. 42 of 1963 on the file of the First Additional Sessions Judge, Dharwar, have filed this appeal against the order of conviction and sentence passed on them. Both of them were convicted for an offence punishable under Section 307, I.P.C. and sentenced to rigorous imprisonment for three years. Accused 1 was also convicted for an offence under Section 27 of the Arms Act 1959 and was sentenced to rigorous imprisonment for one year. But this sentence was directed to run concurrently with the sentence for the offence under Section 307, I.P.C.

(2.) The case against the accused was that both of them shot at Channabasappa (P.W.3), with a D.B.B.L. Gun and a pistol respectively and thereby attempted to murder him. The prosecution case is briefly as follows:

(3.) Channabasappa (P.W. 3) recovered from his unconscious state, got up and walked to his house in Marewad. His clothes were stained with blood.