SHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 29-11-2000 delivered in Sessions Trial No. 153/2000 by learned Additional Sessions Judge, Ujjain, of conviction and sentence under Section 302 of IPC for the imprisonment for life and fine of Rs. 300. 00, the appellant accused has preferred the appeal.

(2.) THE prosecution case is that on 29-4-2000 in the afternoon at about 12. 00 AM when accused Shankar with Bhangada came back from Village Kota after consuming the liquor, they started quarreling in front of the houses of Gulsingh (P. W. 1), Haru (P. W. 2), Nanbhu (P. W. 3) and Sekhabai (P. W. 4) and thereafter accused Shankar shot an arrow on Bhangada which did not hit him and thereafter the second arrow was shot injuring the chest of Bhangada. The accused ran away and deceased Bhangada died instantly on the spot. FIR Ex. P-l was lodged in Police Station Gandhwani on the same day at about 4. 15 PM by Gulsingh (P. W. 1) and after preparing the Panchnama of the dead body, Investigating Officer R. S. Amb (P. W. 10) sent it for the autopsy to Primary Health Centre, Gandhwani, where Dr. D. L. Dawel (P. W. 9) conducted the post-mortem and reported that on account of the penetrating wound, the heart totally ruptured which has resulted in his death. Ex. P-9 is the post-mortem report. During the investigation, the bow and arrow were seized from the possession of the accused and after recording the statements of the witnesses, the charge-sheet was filed against the accused.

(3.) THE accused has abjured the guilt and pleaded his false implication due to enmity.