ASHOK YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 307 of the Indian Penal Code and sentenced to rigorous imprisonment for six years by a judgment dated 19.7.1997 by the 1st Additional Sessions Judge, Araria, in Sessions Trial No. 242 of 1992/Trial No. 374 of 1993.

(2.) The case of the prosecution according to the Informant Madho Prasad Yadav (PW-5) is that on 15.1.1992 at about 4.30 in the evening while the Informant was grazing his buffalo on the road, the accused person came there and asked the Appellant why he is grazing the buffalo on their land. When the Informant attempted to give an explanation for the same, the Appellant is said to have shot an arrow at him which hit on the left eye on account of which he fell down having become restless.

(3.) During trial, the prosecution examined nine witnesses out of whom PW-1, PW-2 and PW-3 are alleged eye witnesses also mentioned in the First Information Report whereas PW-4 is another eye witness but not named in the First Information Report. PW-5 is the Informant who was injured himself whereas PW-6, PW-7 and PW-8 are the Doctors who had found the Informant injured. The Investigating Officer has been examined as PW-9.