NARASINGH CHALLAN Vs. STATE

JUDGEMENT

(1.) In this appeal from Jail Narasingh Challan (hereinafter referred to as the 'accused') calls in question legality of his conviction for offences punishable under Sections 302 and 323 of the Indian Penal Code, 1860 (in short, 'IPC') and sentence of rigorous imprisonment for life for the former, as recorded and imposed by learned Addl. Sessions Judge, Jaypore.

(2.) Background facts and accusations which led to trial of the accused along with two others in a nutshell, are as follows :Accused is the son of Sans Challan and Kamoli Challan who faced trial with him and were acquitted. Mukunda Challan (hereinafter referred to as the 'deceased') and his neighbour Arjuna Challan (P.W. 4) took liquor in the house of the accused, on 14-7-1991 in the evening. Liquor was supplied by wife of the accused. After taking some liquor, deceased demanded more. Accused took exception to the words used while making such demand and entered into his house. When the deceased and P.W. 4 saw that accused had entered into the house in a hot mood, they returned to their respective houses. Some time after the aforesaid incident, accused and his parents came to the house of the deceased, being armed with bows, arrows, cycle chain and lathi and at that time deceased was sleeping on the front varandah of his house. Accused shot two arrows which caused bleeding injury on the left hand and belly of deceased. His mother pulled out the arrows. Deceased ran for a distance with bleeding injuries and in pain fell down dead. Accused and his father assaulted P.W. 4 by means of cycle chain and lathi, when he protested, seeing accused shooting arrows. Urdhab Challan (P.W. 6) who carne to the spot on hearing the cries of deceased snatched away arrows, bow and cycle chain from the accused and gave the same to Narayan Challan (P.W. 10). Information was lodged at Mathili P. S. by the informantBurusu Challan, investigation was undertaken and on completion thereof, charge-sheet was submitted. Accused persons pleaded innocence.

(3.) Thirteen witnesses were examined to further prosecution version P.Ws. 1, 4 and 6 were stated to be the eye witnesses to the occurrence. P.Ws. 2 and 3 are the persons before whom accused made extra judicial confession about commission of offence. On consideration of materials on record, learned trial Judge found accused-appellant guilty while his parents were found to be innocent, and their acquittal was directed.