G.L.OZA, G.G.SOHANI
Nahadariya – Appellant
Versus
State of M. P. – Respondent
Oza, J.-
l. This appeal has been preferred by the appellant from jail against his conviction under section 302 IPC and sentence of imprisonment for life awarded by the Additional Sessions Judge Alirajpur. The appellant is present in person and heard.
2. The prosecution case at the trial was that on the date of the incident i. e., 28-7-1975 at about 3-30 or 4-00 in the afternoon one Abarsingh, who is the brother of the appellant, was stealing ears of maize corn from the field of the complainant. The complainant Dhuliya saw this and abused Abarsingh and said that he was stealing away maize from his field everyday. Abarsingh thereupon went to his house. Thereafter the complainant Dhuliya, his brother Kaliya and wife of Kaliya Bhurli, went to their other field for cutting juwar crop. At about 5-30 the appellant came there with a bow and arrow and abused the party of the complainant and said. "You have blamed my brother falsely. I will kill you". Saying this, he put an arrow on the bow and shot at Kaliya. The arrow struck Kaliya on the left side of his chest. Kaliya fell on the ground and the appellant ran away from there. Dhuliya thereafter pulled out the arrow from the chest of
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