JUDGMENT :

N.Y. Hanumanthappa, C.J. - This appeal is directed against the order dated 11.11.1993 passed by the Sessions Judge, Keonjhar, in S.T. Case No. 76 of 1991 thereby convicting the Appellant u/s 302, I.P.C. and sentencing him thereunder to undergo Imprisonment for Life.

2. The case of the persecution is as follows:

The accused/appellant and Nathu Munda, the deceased, were agnatic brothers. They belong to tribal area living in interior place under Nayakote Pollee Station in the district of Keonjhar. They were living separately in their houses at Gunia Sahl, a hamlet of village Podadlhi. There were two pumpkin trees near their houses. Quarrel started between the two regarding sharing of pumpkins. During the course of quarrel, the accused being enraged went inside his house and came out with a bow and arrow and shot an arrow at the deceased which pierced inside the belly of the deceased, who fell down. Efforts were made to put the arrow out of the belly, but in that process the wooden portion of the arrow broke and the iron portion remained inside. While the deceased was carried. to the hospital, the deceased succumbed to the injury near village Dudhaposi. P.W. 1, Chemuru Chaudhur