AJAI SOMALU Vs. STATE OF M P

JUDGEMENT

(1.) Although three persons were prosecuted for causing the murder of one Kursam Masa, only the appellant has been convicted. His conviction is based solely up in the dying declarations said to have been made by the deceased soon after the assault. The prosecution came forward with the aid that while the deceased was sleeping in his house with his wife and children, the appellant went over there and shot an arrow at the deceased which arrow fell upon his stomach. It pierced in. The deceased was sleeping. The appellant fled away. However; the deceased woke up the neighbours also and told his wife and neighbours that it is the appellalt who shot arrow at him.

(2.) Later, when the appellant was Sapprehended, a panchayat was convinced next day where also the deceased told the panchas that the appellant bad shot arrows at him and according to the prosecution, the appellant also confessed his guilt before the panchas. The deceased also reported the matter to the police station vide report (Ex. P-7). He was removed to the hospital. He died the next day.

(3.) After the death post-mortem examination was performed upon the body of the deceased Kursam Masa and Dr. Jena (P.W. 9) found a penetrated wound into the stomach. This injury could be caused by the arrow which the deceased himself produced before the police and which was seized. The injury, according to Dr. Jena (P.W. 9) was sufficient to cause death in the ordinary course of nature. He opined that the death was homicidal. The lower court concluded that Kursam Masa died a homicidal death as a result of the injury in his abdomen which could be caused by arrow. These find logs were not challenged before us.