JUDGMENT

Jawad Rahim, J.—The convicted accused is in appeal against the judgment dated 6.12.2003 in S.C.No.56 of 2000 on the file of the Judge, Fast Track Court, Karwar, convicting him for the offence punishable under the provisions of Section 307 of the Indian Penal Code, 1860 and Sections 25(1A) and 27(2) of the Arms Act, 1959.

2. Heard learned Counsel Sri K.M. Shiralli for the appellant and Sri P.H. Gotkhindi, learned Government Pleader for the respondent-State.

3. The substance of allegation on the basis of which the appellant was arraigned, tried and convicted are: the appellant is the younger brother of Beera Nagu Gouda PW1. They have one more brother and all are agriculturists. They have a small portion of land on which mango groove has been developed. In a portion of the land lives PW1 Beera Nagu Gouda along with his wife PW3 Laxmi Beera Gouda and PW4 Ganapati Beera Gouda. Though PW1, his other brother and accused have equal rights in the joint property of agricultural lands, the accused is said to have exploited the lands to his advantage and had collected the yield of mango over years and sold it. He did not give any share to either PW1 or his other brother. Due to this,