ANDA PADRA Vs. STATE

JUDGEMENT

(1.) THE Appellant has been convicted under Section 302, I.P. C. and Section 27 of the Arms Act, 1959 and respectively sentenced imprisonment for life and imprisonment for one year.

(2.) THE case of the prosecution is that the Appellant is the paternal uncle of Kila Majhi Padra (hereinafter referred to as 'the deceased'). On 17 -8 -1991, the deceased along with Gadasa (p. w. 2), Kalesa and Pasunga had been to Buren forest to cut bamboos. At about 4 p. m. they felt thirsty. The deceased and p. w. while going to nearby Akaiju Nala to take water, the Appellant fired a gun shot at the deceased in consequence of which he fell down with bleeding injuries. P. w.2 challenged the Appellant as to why he shot at the deceased. The Appellant pleaded that he did so thinking the deceased to be a tiger. p, w. 2 immediately raised hullah which drew the attention of Kalesa and Pasunga who arrived at the spot and all of them took the deceased to a nearby hut. Kalesa rushed to the village to inform about the incident. Some villagers and relations of the deceased came rushing to the hut. The deceased stated before them that he was shot at by the Appellant and he would not survive. He was removed to the village where he succumbed to the injuries at about 7 p. m. On the next day, p. w. 1 (brother of the deceased) lodged F.I. R. on the basis of which investigation was taken up and the Appellant was placed on trial leading to his conviction as aforesaid.

(3.) THE prosecution examined seven witnesses to prove the charge against the Appellant. P. w. 2 was the eye witness. P. ws. 1, 2 and 3 were examined to prove the dying declaration made by the deceased. P. w. 7 was the doctor who conducted post -mortem examination on the dead -body of the deceased.