JUDGMENT

RAJESH RAI.K, J. -

This appeal by the convicted accused is directed against the judgment of conviction and order of sentence dtd. 7/9/2016 passed in S.C. No.40/2002 by the II Addl. District and Sessions Judge, Kodagu-Madikeri, Sitting at Virajpet, wherein the accused/appellant convicted for the offences punishable under Ss. 302, 307, 201, 279, 337 of IPC r/w Sec. 25(1)(a)(b) r/w 6 and 27 of Indian ARMS ACT and the accused directed to undergo rigorous imprisonment for life and also to pay fine of Rs.50, 000.00. In default of payment of fine, he further directed to undergo 1 year simple imprisonment for the offence punishable under Sec. 302 of IPC. The accused further directed to undergo rigorous imprisonment for a period of 10 years and also to pay a fine of Rs.25, 000.00. In default of payment of fine, he further directed to undergo 6 months simple imprisonment for the offence punishable under Sec. 307 of IPC. The accused also directed to undergo simple imprisonment for a period of 7 years and also to pay a fine of Rs.10, 000.00. In default of payment of fine, he directed to undergo 3 months simple imprisonment for the offence punishable under Sec. 201 of IPC. The accused further directed to undergo simple imprisonment for a period of 6 months and also to pay a fine of Rs.1, 000.00. In default of payment of fine directed to undergo 1 month simple imprisonment for the offence punishable under Sec. 279 of IPC. The accused also directed to undergo simple imprisonment for a period of 6 months and also to pay a fine of Rs.500.00. In default of payment of fine, he further directed to undergo 10 days simple imprisonment for the offence punishable under Sec. 337 of IPC. The accused also directed to undergo simple imprisonment for a period of 7 years and also to pay a fine of Rs.25, 000.00. In default of payment of fine, he further directed to undergo 1 year simple imprisonment for the offence punishable under Sec. 25(1)(a)(b) of Indian ARMS ACT . The accused further directed to undergo simple imprisonment for a period of 7 years and also to pay a fine of Rs.5, 000.00. In default of payment of fine, he further directed to undergo 1 month simple imprisonment for the offence punishable under Sec. 6 r/w Sec. 27 of Indian ARMS ACT . It is further ordered that all the above sentence shall run concurrently.

2. The factual matrix of the prosecution case is that:- On 25/12/1999 at about 4:30 p.m. in Nalvathoklu Village in the land bearing Sy.No.237/4, due to property dispute, when the accused/appellant, who is one of the brother of the deceased Kuttappa, PWs.1 and 3, picking coffee along with his labours, the deceased Kuttappa, PW.1 and PW.3 came to the above said land and asked the accused not to pick coffee. Thereby, verbal exchange taken place between the accused and his brothers, at that time, accused brought the gun and fired at Kuttappa and caused the death of Kuttappa. Further, PW.1 gone near the accused to prevent him from further fire, at that time, the accused assaulted PW.1 with kathi/chopper with an intention to commit the murder of PW.1 and thereby PW.1 sustained severe injuries on his head. Later, PW.2 and 3 intervened, the accused made alar