JUDGMENT :

This appeal is filed by the complainant-State challenging the judgment and order of acquittal dated 26.12.2012 passed in Sessions Case No.229/2009 on the file of Principal Sessions Judge, Bengaluru Rural District, Bengaluru, acquitting the accused restricting the challenge only against accused No.1 for the offences punishable under Sections 120B, 212, 302, 147, 148, 149, 506B of the Indian Penal Code, 1860 (‘IPC’ for short) and Section 27 of the Indian Arms Act, 1959 (‘Arms Act’ for short).

2. The factual matrix of the case is that, based on the statement of one Sri Shankara Reddy, the Police Sub Inspector of Bagalur Police Station has registered a case in Crime No.38/2008 against accused Nos.1 to 7 for the offence punishable under Section 307 of IPC and Sections 3, 27 and 28 of Arms Act at the first instance. The injured in the incident was succumbed to the injuries. Hence, the offence under Section 302 of IPC is also invoked.

3. In a nutshell, it is the case of the prosecution that the first accused and the deceased – Vinod, both belong to the same community and the first accused is the owner of L.G.Builders and Developers/Real Estate Company. The deceased was an actor in Kannada movies and he was engaged in real estate business with C.W.1Shankara Reddy. The first accused intended to marry the daughter of C.W.25Dr. Shantha Kumar, which was not to the liking of the family of C.W.25Dr. Shantha Kumar and they negotiated for alliance with the deceased and the same irked the first accused. Apart from that, the deceased – Vinod, was a competitor to the first accused in real estate business, which prompted the accused to entertain enimity against the deceased and hatched up the plan to finish the deceased – Vinod.

4. That on 06.10.2008, along with accused Nos.2 to 7, the first accused invited deceased – Vinod through Shankara Reddy (C.W.1) to his club house which is situated at L.G.Rose Heritage Layout by contacting over mobile phone and accordingly, the deceased came along with C.W.1 to the said club house. The first accused persuaded the deceased to consume excess alcohol, the second accused at 12:15 hours picked up quarrel with C.W.6 K.Ramesh Babu, who is the friend of the deceased and the third accused fired three rounds in the air from his pistol. When the deceased questioned about this, the third and fourth accused threatened him at gun point to do away with his life if ever he talks more and there was a quarrel between the second accused, who is the driver of first accused and friends of the deceased. Thereafter, the deceased and the first accused came out of the club house and stood in front of the gate. The deceased enquired with the first accused as to why the gun was shot. Immediately, the first accused with a clear intention to cause the murder of the deceased – Vinod shot to his stomach by his 7.65 mm Caliber Pistol. As a result, the said Vinod has suffered bleeding injuries and immediately he was shifted to Satya Hospital and thereafter to Manipal Hospital. He was subjected to surgery and while on treatment, he died on 07.10.2008 at 8:30 a.m, in Manipal hospital.

5. The Police Sub Inspector of Bagalur Police Station has conducted the investigation and filed the charge sheet against all the accused persons for the offences punishable under Sections 120B, 212, 302, 147, 148, 149, 506(B) of IPC and Section 27 of the Arms Act. Accused No.3 was absconded and subsequently, accused No.4 was also absconded. Hence, the split-up charge sheet has been filed against them and subsequently fourth accused was secured and after filing of the charge sheet, the case was committed against accused Nos.1, 2 and 4 to 7. The case was registered in S.C.No.251/2009 after the committal and the accused persons were secured. The Trial Court heard both the parties with regard to framing of charges, thereafter, charges were framed and the accused did not plead guilty and claims the trial. Hence, the trial was fixed.

6. The prosecution examine