DARBARI KAMAR Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under Section 302 I. P. C. and sentenced to imprisonment for life.

(2.) THERE was some ill-feeling between the accused and the members of the family of the deceased. In the afternoon of 1-12-63 the deceased was going to bring fuel from the forest. All of a sudden the accused came out of his house armed with a bow and arrows and told the deceased that he would kill him. He shot an arrow which pierced the left side of the chest of the deceased who died instantaneously. The accused absconded from the village and was arrested only on 26-9-65. The evidence of the prosecution witnesses was recorded under Section 512 Cr. P. C. in the absence of the accused. The defence is one of complete denial. The learned sessions Judge held that the death was homicidal and that the accused killed the deceased.

(3.) THE findng that the death was homicidal is fully supported by the evidence of the Doctor (P. W. 8 ). There was a punctured wound. The lower portion of the two ventricles of the heart were campletely punctured. The injury was ante mortem. The Doctor opined that the deceased must have died within half an hour from the time of the infliction of the injury. There can hardly be any dispute that the deceased died as a result of the arrow shot.