VEERAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal 421 of 1986 by P.W. 13 - Irappa is directed against the order dated 31-1-1986 passed by the First Additional Sessions Judge, Belgaum, in Sessions Case No. 3 of 1985, ordering the confiscation of the gun M.O.I. Criminal Appeal 583 of 1986 by the State is directed against the judgment and order of acquittal dated 31-1-1986 passed by the First Additional Sessions Judge, Belgaum, in Sessions Case No. 3 of 1985, acquitting the accused of the offence under Section 304 Part I IPC.

(2.) The material facts are as under On 22-7-1984, the Deputy Superintendent of Excise Sri Ayyappa Tarapati Sadavarthi - P.W.1 alongwith the Excise Inspector of Soundatti Sri Dyamappa - P.W. 2, Excise Sub-Inspector of Bailhongal Sri Subhash - P.W. 3, Excise Guard Laxman - P.W. 4, another Excise Sub-Inspector of Dhandeli Sri Digambhar - P.W. 5, deceased Excise Guard K.N. Patil and Hanumanthappa - P.W. 7 Maruti - P.W. 8 and Irappa - P.W. 13 had gone to Hogaratti Hanumanatti forest for detecting distillation of illicit liquor. After stopping the vehicles on the road, they went into the jungle nearly to a distance of 2 kilometres and they saw smoke coming and found that illicit liquor was being manufactured. The raiding party divided itself into separate groups and those groups started going towards the place where from the smoke was coming. At that time a sound of a gun shot was heard. P.Ws. 1 to 6 and others went to the spot from where the gun shot was heard and found the deceased K.N. Patil lying down with a gun shot injury. The accused was also found with the gun M.O.1 in his hand. P.W. 1 snatched the gun from the accused. They put the injured in the vehicle and the accused and they were taken by P.W. 1 and others to the hospital. The injured K.N. Patil breathed his last on account of the gun shot injury caused to him. In the mean-while, P.W. 1 wrote the complaint Exhibit P.1 and gave it to Head Constable Vaman - P.W. 20, who had come there. He registered a case in Crime No. 50 of 1985 under Section 302 I.P.C. read with Section 25(l)(a) of the Indian Arms Act against the accused. He sent the FIR and the complaint Exhibit P.1 to the Jurisdictional Magistrate. An inquest, as per Exhibit P. 24, was held over the dead body of K.N. Patil in the presence of P.W. 20 and others. The dead body wassubjected to post-mortem examination. Thereafter, statements of the various witnesses were recorded and various mahazars were drawn. After thus completing the investigation into the case, the police laid a charge-sheet against the accused for the offence under Section 304 Part I IPC and Section 25(l)(a) of the Indian Arms Act.

(3.) As required by Section 173 of the Code of Criminal Procedure, the copies of the police papers were supplied to the accused. The Magistrate committed the case to the Court of Sessions, Belgaum.