CHHOTO MAJHI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the appellant against the judgment of conviction and the order of sentence dated 14.7.1997 passed by Shri J.K. Narayan, the -learned Additional Sessions Judge, Seraikella in S.T. No. 116/1995.

(2.) THE appellant was charged for committing the offences under Sections 447/ 302/307 IPC. The appellant was found guilty for committing offences under Sections 447/302 IPC and was sentenced to undergo S.I. for three months under Section 447 IPC and R.I. for life under Section 302 IPC. He was not found guilty under Section 307 IPC and was acquitted of the said charge.

(3.) THE prosecution case briefly stated is that on 19.7.94 at about 6 A.M. the deceased Pradeep Kumar Mandal had gone for urination towards the North of his house. The informant took the cow's dung and went to the dung pit to dispose of the same in the adjacent Bari which is adjacent west of the Bari of the accused appellant. In the meanwhile, the accused appellant Chhoto Majhi shot an arrow which hit the right hand of the deceased Pradeep Kumar Mandal. He then shot another arrow on the right lateral side of the chest of the deceased Pradeep Kumar Mandal. The informant tried to catch hold of the accused and intervene, but he also sustained arrow injury in his chin. The informant snatched away the bow and arrows from the accused and raised alarm. The co -villager Amul Mandal -PW -7, Indrajit Mandal -PW -6 rushed to the spot and saw the accused -appellant Chhoto Majhi fleeing away towards the North. The co -villager Pitwas Mandal -PW -5, Amul Mandal PW -7 helped in bringing the injured Pradeep Kumar Mandal to the Government Hospital, Kharsawan where Pradeep Kumar Mandal succumbed to his injuries.