HUKUM PRADHAN Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred from jail by the appellant having been convicted under S.302, I.P.C., for having committed murder of one Dinabandhu Amat, his co-villager by shooting an arrow.

(2.) The prosecution case as unfolded by the evidence is that on 4-6-1981 at about 7.00 A.M. while the deceased was proceeding on his bicycle from his house towards Ranchi road, the appellant standing behind the house of another co-villager Indradeo Singh shot an arrow which hit the deceased in the right side of his chest just near the exit of the school compound. As a result of the hitting of the arrow, the deceased turned his bicycle towards the left and after proceeding for a distance of 5 to 10 cubits dropped on the ground. P.W. 3 (Saraswati Ekka) and P.W. 5 (Balamati Dei) who were at the tube well situated nearly within the school compound as also P.W. 4 (Baidehi Das), who was approaching the tube well saw the occurrence. A hue and cry was raised by the witnesses and several persons of the village assembled at the spot including the wife, mother and daughter of the deceased as also Dileswar Jaipuria (P.W. 1) and Bijayabasant Das (P.W. 2) who are co-villagers. The deceased by then was writhing in pain and seeing this, P.W. 1 wrote down an F.I.R. (Ex. 1) and sent the same to Lanjiberna Police Outpost through P.W. 2, who was also requested to arrange a Jeep so that the deceased could be removed to Kutra Primary Health Centre. P.W. 2 after handing over the F.I.R. at Lanjiberna Police Outpost informed the occurrence to the brother of the deceased Upendra Amat (P.W. 12) and sent a Jeep in which the deceased was removed to the Primary Health Centre where the protruding handle portion of the arrow was cut and removed and first-aid was given by the Medical Officer (P.W. 8) but however since the condition of the deceased was deteriorating, the Doctor advised for his removal to Sundargarh Hospital. The deceased was thereupon sent in the same Jeep and the Doctor who had also to attend a meeting at Sundargarh accompanied the deceased. Since the condition of the deceased became worst on the way, he was taken on the advice of the Medical Officer to Bargaon Government Hospital where he died. The matter was reported by some of the villagers accompanying the deceased at Bargaon Police Station. The Bargaon Police held inquest over the dead body of the deceased and prepared inquest report (Ext. 4) and sent the dead body for post mortem examination through C /788 Gopinath Sahu (P.W. 10). The post mortem was held by the Medical Officer of Bargaon Hospital (P.W. 15). In the mean time preliminary investigation was taken up by P.W. 13, the A.S.I. attached to Lanjiberana P.S. on receipt of the F.I.R. which he sent to Rajgangpur P.S. for registration of a case. P.W. 13 examined at the Outpost P.W. 2 who had handed over the F.I.R. and thereafter, proceeded to the spot and seized the bloodstained earth, sample earth and a pair of chappal from the spot under seizure list Ext. 2 and examined some more witnesses. He thereafter handed over investigation to the Officer-in-charge, Rajgangpur P.S. (P.W. 14) who arrived at the spot at 4.30 P.M. He reexamined the witnesses who had been examined by P.W. 13 and arrested the appellant and also seized bow (M.O. VI) under seizure list, Ext. 3. Thereafter, he obtained the post mortem report as also articles seized by the Officer-in-Charge, Bargaon P.S. (P.W. 9) including the arrow (M.O. VI). After completion of investigation, he submitted Charge-Sheet against the appellant.

(3.) While the defence of the appellant was one of denial and no witnesses were examined by him, the appellant attempted to suggest to the witnesses the case of an accident, the arrow being aimed at the birds sitting on the tree and having hit the deceased instead.,