NAHADARIYA Vs. STATE OF M. P.

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant from jail against his conviction under section 302 IPC and sentence of imprisonment for life awarded by the Additional Sessions Judge Alirajpur. The appellant is present in person and heard.

(2.) THE prosecution case at the trial was that on the date of the incident i. e., 28 -7 -1975 at about 3 -30 or 4 -00 in the afternoon one Abarsingh, who is the brother of the appellant, was stealing ears of maize corn from the field of the complainant. The complainant Dhuliya saw this and abused Abarsingh and said that he was stealing away maize from his field everyday. Abarsingh thereupon went to his house. Thereafter the complainant Dhuliya, his brother Kaliya and wife of Kaliya Bhurli, went to their other field for cutting juwar crop. At about 5 -30 the appellant came there with a bow and arrow and abused the party of the complainant and said. "You have blamed my brother falsely. I will kill you". Saying this, he put an arrow on the bow and shot at Kaliya. The arrow struck Kaliya on the left side of his chest. Kaliya fell on the ground and the appellant ran away from there. Dhuliya thereafter pulled out the arrow from the chest of Kaliya and went to call the choukidar; but as the choukidar was not available he brought the choukidars's brother Dhundhla. It is alleged that Kaliya told Dhundhla all about the incident. Thereafter Kaliya was put on a cot and brought home, but shortly thereafter he breathed his last.

(3.) P . W. 1 Dhulia in his statement stated that the arrow was struck by the appellant at his brother Kaliya. He also states that when the body of Kaliya was brought home it was sunset. He also stated that the arrow struck Kaliya on the left side of the chest. The statement given by Dhuliya is supported by P. W. 4 Dhundhla. He states that when he arrived on the scene he asked Kaliya as to what had happened and Kaliya told him that it was the appellant who shot an arrow at him. P. W. 6 Bhurli, who was present on the scene of occurrence, has also stated that the appellant asked as to why they have attributed theft to his brother and saying this he shot an arrow which hit Kaliya on the left side of his chest. Kaliya fell on the ground and the appellant ran away She also states that Dhuliya pulled out the arrow from the chest. Nanchiya who was examined by the prosecution did not support the prosecution and has been declared hostile. The learned Court below accepting the testimony of eye -witnesses convicted the appellant under section 302 IPC and sentenced him to imprisonment for life.