BABUGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals and the referred case arise out of the judgment dated 11-1-1988 of the Sessions Judge, Dharwad in Sessions Case No 79/85 on his file.

(2.) They arise in this way : Babugouda alias Bapugouda son of Balanagouda alias Balappagouda Patil of Sutagatti village and Shankarappa s/o Mahadevappa Yaliwal of Hirehonnalli village were accused Nos. 1 and 2 respectively in the said Sessions case and they will be hereinafter referred to as such. Accused No. 1 was tried for an offence punishable under Section 302 IPC and Section 25 of the Indian Arms Act. The charge against him was that on or about the 12th day of May 1985, at about 2 p.m. near the house of Kelgeri at Hirehonnalli village he committed the murder of Arvinda gowda by intentionally causing his death by shooting him with a country pistol and that at that time he was in possession of the country pistol without a licence in contravention of Section 3 of the Indian Arms Act. Accused No 2 was tried for an offence punishable under Sec. 302 IPC read with Sec. 109 IPC. The charge against him was that on the said date, time and place, he abetted Accused No. 1 10 commit the murder of Arvinda Gowda and the said offence was committed by accused No. 1 in consequence of his abetment.

(3.) Both the accused denied the commission of the said offences. P.Ws. 1 to 27 were examined and Exs. P. 1 to P 19 4 and M.Os. 1 to 14 were produced on behalf of the prosecution. Exs. D. 1 to D. 10 were got marked during the cross- examination of the prosecution witnesses. No defence evidence was adduced on behalf of the accused.