B.R. Arora, J. - (1.) This appeal is directed against the judgment dated 1-9-86, passed by the Additional District and Sessions Judge, Bali, by which the learned Additional Sessions Judge convicted the accused-appellant for the offence under Section 302 I.P.C. and sentenced him to undergo Imprisonment for life.
(2.) Accused-appellant Gengia, alongwith Chatra and Chamna, was tried by the learned Additional Sessions Judge, Bali, for the offences under Sections 307/34, 324/34 and 302/34 I.P.C. The case of the prosecution is that on 30-11-84, accused-appellant Gengia, Chatra and Chamna inflicted injuries to Galla, Roopa and Kheta with arrow, Kulhari and sword. Accused Chatra and Chamna inflicted injuries by the Kulhari and by the sword to injured Kheta, Roop and Galla, who raised an alarm, which attracted Panna S/o Galla, who came near the shop of Manjoor Bhai, near which the incident took place and saw an arrow penetrated in the abdomen of Galla, which was pulled-out by Galla and he informed Panna that accused Gengia has caused that injury in his stomach by the arrow. The prosecution, in support of its case, examined sixteen witnesses and the accused, in their defence, examined DW 1 Bhopa Ram. The learned Additional Sessions Judge, after trial, convicted accused-appellant Gengia for the offence under Section 302 I.P.C. and also, convicted and sentenced the other accused Chatra and Chamna for the offence under Section 324 I.P.C. but, however, acquitted all the accused of the offences under Sections 302/34, 307, 307/34 and 324/34 I.P.C. Accused Chamna and Chatra did not prefer any appeal as they had already served-out the sentence passed by the learned trial Court against them but accused- appellant Gengia, dissatisfied with his conviction and sentence for the offence under Section 302 I.P.C., passed by the learned trial Court vide its judgment dated 1-9-86, has preferred this appeal.
(3.) The case of the prosecution rests mainly upon the statements of three eye witnesses, viz., PW 4 Khima, PW 7 Khetia and PW 9 Roopa and the evidence of PW 8 Panna, who on hearing the cries of Galla, reached at the place of the occurrence and attended his father Galla, who informed him that accused- appellant Gengia has caused injury on his stomach by an arrow and before whom the dying declaration was made by deceased Galla.;