( 1 ) THIS is an appeal filed by the appellant against the judgment and order of the Trial Court dated 20-4-2002, whereby and where under he has been convicted for the offences punishable under Sections 302 and 307 of IPC and sentenced to undergo imprisonment for life and pay a fine of Rs. 5,000/-for the offence under Section 302 of IPC and also sentenced to undergo rigorous imprisonment for seven (7) years and pay a fine of Rs. 3,000/- for the offence under Section 307 of IPC. The appellant has however been acquitted of the offence punishable under Sections 3 and 25 of the Arms Act.

( 2 ) THE prosecution charge against the accused was that on 10-4-1998 at about 1. 00 p. m. in the afternoon in front of the house of Krishne Gowda PW. 2 at Avathi Hosahalli Village, Chikmagalur Taluk the appellant-accused attempted to commit the murder of his father Krishne Gowda-PW. 2 by firing shots at him with DBBL Gun with such intention and knowledge and under such circumstances that by that act if the appellant-accused had caused the death of Krishne Gowda-PW. 2, he would have been guilty of murder and further he committed the murder of his younger brother Surendra by firing at hi