KADUDIYA Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has preferred Criminal Appeal No. 246/1997 through Jail and Criminal Appeal No. 226/1997 through private Counsel. Hence both the appeals taken up together.

(2.) THE appellant/prisoner Kadudiya, feeling dissatisfied by the judgment dated 18-1-1997 rendered in ST. No. 406/1995 passed by the learned Second Addl. Sessions Judge, Alirajpur, thereby convicting the appellant guilty of the offence under Section 302, IPC and sentencing him to R. I. for life and a fine of Rs. 1,000/-, in default of payment whereof to suffer S. I. for two months, has preferred these appeals.

(3.) BRIEFLY stated, the facts of the prosecution case were that on 12-6-1995 at 7. 00 p. m. complainant Lalu (P. W. 2) alongwith his colleagues Juwansingh, Sikander and Dhankiya (son of the deceased) were passing from behind the house of the appellant in a bullock-cart. The appellant asked as to why did they bring the wood from the jungle of Jhijhli and why they were taking the bullock-cart from behind his house, whereupon the complainant told that they have brought fuelwood. Thereafter, the appellant who was having bow and arrow in his possession, shot an arrow which hit on the parital region of the deceased, as a result of which he fell on the ground. Thereafter, the appellant shot two arrows, one of which hit on his stomach and the another near the neck of the deceased, resulting into his instantaneous death.