VISHNUDEO NARAYAN,J. - (1.) THE sole appellant named above has preferred this appeal against the impugned judgment dated 8 -1 -1990 passed in Sessions Trial No. 204 of 1087 by Shri Sushil Kumar Dwivedi, Sessions Judge, Santhal Parganas, Dumka whereby and whereunder the appellant was found guilty for the offence punishable under Section 324 of the Indian Penal Code and he was convicted but he was released under Section 360(1) of the Code of Criminal Procedure on furnishing bond of Rs. 2,000/ - with two sureties of the like amount each for a period of one year to keep peace and to maintain good bahaviour. However, the appellant was not found guilty for the charge under Section 306 of the Indian Penal Code.
(2.) THE prosecution case has arisen on the basis of fardbeyan (Ext. 3) of P.W. 4, Rewa Devi, daughter of P.W. 6, Arjun Kumar Mehta recorded by S.I. B.D. Prasad of Dumka P.S. in Sadar Hospital, Dumka on 26 -7 -1986 regarding the occurrence which is said to have taken place between 21.00 hours and 22.00 hours on 25 -7 -1986 in the common house of P.W. 6, Arjun Kumar Mehta and this appellant. According to the prosecution case, the appellant and P.W. 6, Arjun Kumar Mehta are the full brothers and living in the common house alongwith their other brothers. It is alleged that an altercation took place between them regarding the partition of family properties between 9 O'clock and 10 O'clock in the night of 25 -7 -1986 inside the house and in course of the said altercation of P.W. 4, the informant intervened and directed her father not to have altercation with the appellant and at this the appellant pushed her as a result of which she fell down and she was also abused and intimated to be done to death. It is alleged that in spite of that, the informant persisted in intervening in the said altercation and attempted to take away her father P.W. 6 from there. It is alleged that the appellant in the meantime shot an arrow aiming at the chest of the informant which she warded off by left hand and a bleeding injury was caused on her left wrist by that arrow at the Verandah inside the said house.
(3.) THE information came to the Sadar Hospital, Dumka on the following morning and got herself examined and treated regarding the said injury and thereafter her fardbeyan (Ext. 3) aforesaid was recorded and on its basis the case was instituted against the appellant by drawing the formal FIR (Ext. 4) on 26 -7 -1986 at 8.30 hours.;