BIMAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the appellant and learned Counsel for the State.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 31.05.1993 passed by Shri Ibrar Hassan, 3rd Additional Sessions Judge, Chaibasa, District-Singhbhum West in Sessions Trial No. 312 of 1992, by which judgment, he found the sole appellant, Bimal @ Ghuna @ Duma guilty for the offence under Section 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years.

(3.) It is submitted by learned Counsel for the appellant that it will appear from the F.I.R. itself that the accused and the informant both are own uncle and informant and due to a very trivial matter in the house, when the cocks of accused Bimal Tudu entered the field of the informant, Lakhan Tuddu, he ousted them and the cocks ran away then his uncle out of frustration said that why he has done that. Thereafter, he brought bow and arrow, then the arrow was sought upon him. There was no criminal-history against him and it is the first offence of the appellant, and as such, he requires a sympathetic treatment.