LACHHMI BATRI Vs. STATE

JUDGEMENT

(1.) In this appeal from jail Lachhmi Batri (hereinafter referred to as the 'accused') calls in question legality of his conviction for an offence punishable under S. 302 of the Indian Penal Code, 1860 (in short, 'IPC') and sentence of imprisonment for life as awarded by the learned Sessions Judge, Koraput.

(2.) Prosecution case sans unnecessary details is as follows : On 5-3-1989 in the afternoon a quarrel ensued between the accused and one Soma Batri (hereinafter referred to as the 'deceased') over taking of salap juice. While the deceased was returning to his house, the accused being armed with bow and arrows shot an arrow which hit the right thigh of the deceased, who immediately fell down at the entrance of his house. When the arrow was attempted to be pulled out, the wooden portion and some portion of the blade came out in broken condition and still the pointed portion of the iron remained inside. The incident was witnessed by Budei Toki, the wife of the deceased (P.W.5), and Lachhmi Toki, the daughter of the deceased (P.W. 6). On hearing their cry for help Mangal Sisa (P.W. 4) immediately arrived and on hearing the background arranged a meeting in the village, but the accused did not turn up. The dead body was carried to Mudulipada Police Station. As the Officer-in-charge of the Police Station was absent, the dead body was carried to Khoirput where the Officer-in-charge was on duty. One Soma Badnaik (P.W. 2) lodged the first information report with the Officer-in-charge. Inquest was held, and the dead body was sent to Khoirput PHC for post-mortem. During post-mortem the Medical Officer brought out the remaining pointed portion of the arrow from the body of the deceased. During the spot visit of the Investigating Officer, the accused while under custody made a statement which led to recovery of bow and arrow, which were concealed inside a bush. After completion of investigation, charge sheet was submitted.

(3.) The accused pleaded not guilty.