(1.) This appeal has been preferred by the appellant challenging the judgment of conviction and order of sentence passed by the 5th Additional Sessions Judge, Kozhikode in S.C. No.883 of 2012 arising out of Crime No.183 of 2010 of Thamarassery Police Station by which he was found guilty for offences under Sections 302 and 506(ii) of the Indian Penal Code, 1860 (for short 'IPC') and Section 27(1) and 28 of the Arms Act, 1959 (for short 'Arms Act'). He was sentenced to suffer imprisonment for life which according to the Court means till he dies in prison and also to pay a fine amount of Rs. 5,00,000/- (Rupees Five Lakhs only) with a default stipulation of rigorous imprisonment for one year for offence under Section 302 of I.P.C. From the amount of fine, if realized, a sum of Rs. 3,00,000/- (Rupees Three Lakhs only) was directed to be paid to the widow of the deceased forest guard for the educational expenses of their children. Rs. 1,00,000/- (Rupees One lakh only) was directed to be given to the mother of the deceased as compensation under Section 357(c) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'). For offence under Section 506(ii) of IPC, he was sentenced to suffer simple imprisonment for a period of five years. He was further sentenced to undergo simple imprisonment for a period of three years and to pay a fine of Rs. 25,000/- (Rupees Twenty Five Thousand only) in default of which to undergo simple imprisonment for one year for offence under Section 27(1) of Arms Act. Appellant was also sentenced to suffer simple imprisonment for a period of three years and to pay a fine of Rs. 25,000/- (Twenty Five Thousand only) with a default stipulation of simple imprisonment for one year for offence under Section 28 of Arms Act.
(2.) Prosecution has the following case against the appellant herein: On 25/03/2010 at 01.00 a.m., based on credible information that the appellant was out there in the forest for hunting, PW1 Rajeev Kumar who is the then Forester along with the deceased Devadas, Forest Guard proceeded to conduct search and find out the hunter Mammad, the appellant herein. On reaching a place called Thamarakadu, on the mud road in between Josco Estate and the estate of Sri.K. Mammed Kutty, the appellant recognized PW1 and the deceased with the help of torch light. Mammad pointed the gun towards both PW1 and the deceased. PW1 ordered the appellant to put down the gun and move away. The appellant by uttering the words "forest officers will not be spared" aimed the gun at them and fired at them and it hit the Forest Guard Devadas causing serious injuries on his both thighs. PW1 suddenly followed the appellant and caught hold of him. The appellant intimidated PW1 by poking a knife at his stomach by saying that he would stab PW1 to death. The appellant managed to get released from the hands of PW1 and he ran away. Deceased was taken to hospital and he succumbed to injuries after one week.
(3.) To prove the case, prosecution examined PW1 to PW48 as witnesses, marked documents Exts.P1 to P49 and identified MO1 to MO19 as material objects. Ext.X1 was marked by the appellant. After closure of prosecution evidence, the appellant was questioned under Section 313 of Cr.P.C. He denied the allegations and filed a written statement as well.