Budihal R.B., J. - (1.)The judgment and order of conviction dated 25-9-2012 passed by Principal Sessions Judge at Chikmagalur in S.C. No. 67 of 1998 is called in question in this appeal. By the said judgment and order of conviction, the learned Sessions Judge convicted the appellant-accused for the offence punishable under Sec. 307 of Indian Penal Code, 1860 and sentenced him to undergo Rigorous Imprisonment for ten (10) years and to pay fine of Rs. 50,000.00 and in default to pay the fine amount, to undergo further simple imprisonment for a period of one year, and also convicted the appellant-accused for the offence punishable under Sec. 302 of Penal Code and sentenced him to undergo Imprisonment for life till his death and to pay fine of Rs. 1,00,000.00 and in default to pay the fine amount, to undergo further simple imprisonment for a period of two years and ordered that both the sentences shall have to run concurrently. Being aggrieved by the said judgment and order of conviction, the appellant-accused has preferred this appeal on the grounds as mentioned in the appeal memorandum.
(2.)Case of the prosecution is to the effect that on 10-4-1998, Head Constable (P.W. 15), after receiving the message from Chethana Nursing Home, Chikmagalur, at 3.45 p.m., that one Surendra was under treatment for gunshot injuries, had been to the hospital at 4.00 p.m. and found said Surendra under treatment and recorded the statement of said injured from 4.00 p.m. to 4.30 p.m. in the presence of the doctor. Ex. P. 9, the statement of Surendra, S/o. Krishnegowda, resident of Hosahalli Village, Avuthi Hobli, Chikmagalur Taluk discloses that he was residing in the said address. On 10-4-1998 at 1.00 p.m. when he was in front of his house, his elder brother Satish was objecting to the partition effected by his father in respect of the properties between himself and his brothers; and his elder brother (accused) was not satisfied with the said partition alleging that the properties were not equally divided and also on the ground that the coolie workers on the side of the deceased were objecting for the coolie workers of the appellant-accused to use the pathway; in that regard the appellant-accused purposely picked up quarrel at about 1.00 p.m. in front of the house with the father of the appellant-accused ; went inside the house; brought the double barrel gun and by addressing to the deceased that only if he survives, he can do all such things; so saying, he loaded the gun with an intention to commit his murder fired at the deceased; the deceased sustained injuries on his stomach, right hand, right thigh and other grievous injuries; Krishnegowda H.R, and Smt. Susheelamma, the parents of the deceased, and the coolie worker Chandru came and pacified the quarrel; the deceased was immediately shifted to Chikmagalur Hospital; after firing the gun, the appellant-accused ran away along with the gun; therefore, legal action may be taken against Satish-appellant, who made an attempt to commit the murder of the deceased and that informant/injured is getting the treatment as impatient at Chethana Nursing Home. On the basis of the said statement of the injured Surendra, Chikmagalur Rural Police have registered Crime No. 119 of 1998 in their Police Station for the offences punishable under Sec. 307 of Penal Code and under Sec. 25 of the Arms Act, 1959 and issued the FIR as per Ex. P. 10.
(3.)The materials placed on record show that in the evening of 10-4-1998, the injured Surendra was shifted to Bengaluru for higher treatment and he was admitted to St. John's Medical College Hospital, Bengaluru. The injured survived till 17-4-1998 and he succumbed to injuries on 17-4-1998 at 9.15 p.m. The Koramangala Police at Bengaluru have been informed by the hospital authorities, who in turn have registered the case in UDR No. 37 of 1999 under Sec. 174 of Criminal Procedure Code, 1973; on the next day i.e., on 18-4-1998 the Koramangala Police have conducted the inquest panchanama over the dead body of the deceased, which is marked as per Ex. P. 1; Ex. P. 2 is the report of UDR No. 37 of 1998. Subsequently, the documents with regard to registration of UDR and conducting inquest mahazar proceedings were transferred to the Rural Police Station at Chikmagalur. After completion of investigation, the Circle Inspector of Police, Rural Police Station, Chikmagalur, filed the charge-sheet against the appellant-accused under Sections 307 and 302 of Penal Code read with Sections 3 and 25 of the Arms Act.