( 1 ) THE State is aggrieved by the judgement of the Sessions Judge, Kodagu District, Madikeri acquitting the accused persons of the charges u/s 307 r/w 34 IPC and Section 3 and 27 of the Indian Arms Act.

( 2 ) THE prosecution case was that on 31-5-1987 at about 4 p. m. when PW-1 was going in Nagarahole Forest for bringing firewood, the two accused persons shared common intention of murdering PW-1 Javara and that in pursuance of that common intention A-1 fired a shot from M. O. 1-gun causing grievous injury to PW-1 and that A-1 had no license to possess the gun.

( 3 ) THE prosecution examined 10 witnesses in support of its case. The gist of the prosecution case as disclosed in the evidence is as hereunder :on 31-5-1987 at about 4 p. m. PW-1 went inside Nagarahole forest to bring firewood. A-1 and A-2 were in the forest and A-1 who was armed with a gun asked PW-1 to stop. But PW-1 started running. Then A-1 fired from the gun. PW-1 sustained injuries on his back and other parts of the body. PW-1 ran to his house and informed his brother PW-2 Dass who took him to PW-3 K. S. Uthappa, Mandal Pradhan. PW-3 took PW-1 to the police station in a car. The PSI, PW-7 recorded the complaint of

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