JUDGMENT

S. Venkataraman, J. – The State is aggrieved by the judgment of the Sessions Judge, Kodagu District, Madikeri acquitting the accused persons of the charges u/s 307 r /w 34 IPC and Section 3 & 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 grevious 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 3151987 at about 4 p.m. PW-1 went inside Nagarhole forest to bring firewood. A-1 & 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 Dasa 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 compl