BALENDRA Vs. STATE BY POLICE SUB INSPECTOR

JUDGEMENT

(1.) THE convicted accused is in appeal against the judgment dated 6.12.2003 in S.C.No.56 of 2000 on the file of the Judge, Fast Track Court, Karwar, convicting him for the offence punishable under the provisions of Section 307 of the Indian Penal Code, 1860 and Sections 25(1A) and 27(2) of the Arms Act, 1959.

(2.) HEARD learned Counsel Sri K.M. Shiralli for the appellant and Sri P.H. Gotkhindi, learned Government Pleader for the respondent-State.

(3.) THE Investigating Officer examined the place of offence and found the pellets from the gun embedded in the wall and had caused damage to the shirt-M02. He recovered two bullets- M03 and pellets M04 from the wall and also collected MO 5-Coir. Panchanama was prepared authenticated by PW2 Goureesh Thimmanna Naik. THE gun was then sent for examination by ballistic experts PW5 N.G. Prabhakar, Assistant Director, FSL, Bangalore, examining the gun, bullets and pellets, gave opinion about the functionality of the gun and also about firing of bullets and the pellets. On this basis, the charge was filed against the appellant for the offence punishable under Section 307 of IPC. As he pleaded not guilty, he was put to trial. THE prosecution examined in all six witnesses and placed reliance on eight documents and five material objects. THE accused put up the defence of denial simplicitor and claimed to lead evidence. THE learned Trial Judge relies on the evidence on record and held that it establishes the charge against the accused for committing attempt on the life of his brother Beera Nagu Gouda and rejected the defence of innocence.