MADHU @ MADALIYA Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal is filed against the conviction and sentence passed by the learned Additional Sessions Judge, Alirajpur in Sessions Trial No.83/2010 by judgment dated 22.11.2010 whereby, the learned Additional Sessions Judge found the present appellant guilty under sections 341 and 307 of IPC and convicted him to 7 years RI and fine of Rs.1000/ under section 307 of IPC and fine of Rs.200/ under section 341 of IPC. He was further directed to undergo two months additional imprisonment in default of payment of fine imposed on him under section 307 of IPC and Simple Imprisonment of 8 days for default of payment of fine under section 341 of IPC.

(2.) The prosecution story before the lower court was that on 20.02.2010 at about 7:00 pm, when the complainant/injured Edla Son of Nanbhai was coming from Nanpur, where he went to attend some ceremony in the house of his relative Hamji, to his village Chikhalkui, the accused Madaliya stopped him near his (the accused) house and with an intention to kill him, he shot an arrow on him with help of bow and arrow which hit him on his left chest. The arrow head was left inside the chest and the wooden portion of the arrow fell down. The coaccused Bahadarsingh, who was subsequently acquitted by the lower court, also came there with 'Faliya' in his hand and also threatened to kill him. When he raised alarm, the prosecution witnesses Lalu and his (injured's) wife Ralibai reached on the spot to whom, the injured narrated the incident. Subsequently, at about 11:15 pm, the matter was reported to the Police Station Nanpur, District Alirajpur where Crime No.33/2010 was registered under sections 341 and 307/34 of IPC.

(3.) Learned Additional Sessions Judge after recording the evidence of the prosecution and the defence, found the present appellant guilty under section 307 and 341 of IPC and sentenced him as aforesaid.