STATE Vs. AJJIKUTTIRA POOVAIAH

JUDGEMENT

(1.) The State is aggrieved by the judgement of the Sessions Judge, Kodagu District, Madikeri acquitting the accused persons of the charges u/s 307 r/w 34 IPC and Section 3 and 27 of the Indian Arms Act.

(2.) The prosecution case was that on 31-5-1987 at about 4 p.m. when PW-1 was going in Nagarahole Forest for bringing firewood, the two accused persons shared common intention of murdering PW-1 Javara and that in pursuance of that common intention A-1 fired a shot from M.O. 1-gun causing grievous injury to PW-1 and that A-1 had no license to possess the gun.

(3.) The prosecution examined 10 witnesses in support of its case. The gist of the prosecution case as disclosed in the evidence is as hereunder :On 31-5-1987 at about 4 p.m. PW-1 went inside Nagarahole forest to bring firewood. A-1 and A-2 were in the forest and A-1 who was armed with a gun asked PW-1 to stop. But PW-1 started running. Then A-1 fired from the gun. PW-1 sustained injuries on his back and other parts of the body. PW-1 ran to his house and informed his brother PW-2 Dass who took him to PW-3 K. S. Uthappa, Mandal Pradhan. PW-3 took PW-1 to the police station in a car. The PSI, PW-7 recorded the complaint of PW-1 and then sent him to Virajpet Hospital where he was examined by PW-4, Dr. M. B. Vidyadhara. The doctor advised that the patient may be taken to a major hospital. On the same day PW-7 along with PW-3 and PW-5 went to the house of A-1 who produced MO. 1, gun. PW-7 seized the same. Thereafter in the company of A-1 they went to the forest. A-1 pointed out a place, where they found bloodstains on dried leaves. They also recovered a wad MO. 3 and MO. 4 empty cartridge. The bloodstained leaves were also seized at the spot. The gun as well as the wad were sent to PW-9 Scientic Officer along with empty cartridge MO. 4 and live cartridges. PW-9 after examining the weapon gave a report that the empty cartridge MO. 4 had been fired from that gun. After completion of the investigation the charge-sheet was filed. The accused have denied the entire prosecution case.