BUDA KIRSANI Vs. THE STATE

JUDGEMENT

(1.) THE Appellant Buda Kirsani, who is about 25 years old, was tried under Section 302, Indian Penal Code, in connection with the murder of a co -villager of his having the same name (Buda Kirsani) and under Section 307, Indian Penal Code for having attempted to kill Lachmi Kirsani (p.w. 1) the brother of the deceased Buda Kirsani. Both the offences were said to have been committed on the same day i.e. the 20th February, 1963 at about 6 A.M. at the same place in village Kitchudipada which falls within the jurisdiction of Police Station Madulipada, at a distance of about 10 miles from there. He has been convicted under both the sections and sentenced to transportation for life, under Section 302, Indian Penal Code, and to a rigorous imprisonment of four years under Section 307, Indian penal Code with the direction that both the sentences are to concurrently.

(2.) ALL these persons including the eye -witnesses in the case belong to the same village and are practically close neighbours.

(3.) NOW before I proceed with the discussion of the case there is one more small point which needs some reference. That is about P.W. 1. It has already been stated that immediately after the assault on him he had run away to the jungle. In the jungle his father and sister -in -law also joined him and it is said that with their assistance he started from there to the Police Station Mathili and reached there on Friday, the 22nd February, 1963. There he produced the two arrows which he had taken out from his body in the jungle and gave his statement. But as in the meantime investigation had already been taken up on the basis of the information given by P.W. 5 at Mudulipada Police Station the Police at Mathili Police Station did not take any further steps in the matter.