DHUNDRIYA Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have been convicted and sentenced to undergo imprisonment for offence punishable u/s. 302 I.P.C., 302 r/w 109 I.P.C. by AddI. Sessions Judge, Jhabua (Camp Alirajpur) by his judgment dtd. 6.8.1986 in S.T. No. 14/88. Hence this appeal.

(2.) Prosecution case stated in brief was that in 16th of Aug. 1985, P.W.2 Ida, alongwith his deceased brother Amiya, brother-in-law Begani was on his way to village Hardaspur, from his village Kanera, for enjoying fest on the eve of Diwasa festival. As they reached Bhunes house in village Kakadkua around 7 P.M. they found the accused sitting with bows and arrows. Accused Abla exhorted Dhundriy to shoot an arrow which he did, hitting Aniya who was ahead of all, in his chest. They tried to escape, but Aniya fell to the ground after running for a short distance. Beganiya rushed to Bhuna and informed him of the incident. He rushed to the place alongwith other brothers Chamsingh and Tidia. Ida reported to them the incident that had taken place. Aniya died on the spot. Next day morning a report was lodged at Police Station, Ambu, which is F.I.R. Ex. P. 3. On completion of investigation, the accused were charged and tried for the above offence. The trial court held them guilty and sentenced them as noted above.

(3.) Shri Sawantsingh learned counsel appearing for the appellant raise the following points: