- (1.) THE sole appellant named above has preferred this appeal against the impugned judgment and order dated 31.05.1990 passed in Sessions Case No. 85 of 1988/130 of 1989 by Shri Sheo Dayal Prasad, Additional Sessions Judge, Pakur whereby and whereunder the appellant was found guilty for the offence punishable under Section 307 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for seven years.
(2.) THE prosecution case has arisen on the basis of the F.I.R. of P.W. 2 Khepa Pahariya, the informant and the husband of Lakhi Paharin, the alleged victim of this case lodged before Maheshpur P.S. on 03.01.1988 at 00.30 hours regarding the occurrence which is said to have taken place on 2nd January, 1988 at 7.00 P.M. inside his house situate in village Bhilai Barmasia, P.S. Maheshpur, District Pakur. The prosecution case, in brief, is that appellant Sonai Paharia @ Sonai Dehri always used to come to the house of the informant and he used to tell Lakhi Paharin that you have begotten a large number of children whereas he is not being blessed with any child and she is a witch and used to devour his children and as such he is not having any child. It is alleged that the appellant in anguish came to the house of the informant at 7.00 P.M. armed with bow and arrow and he shot an arrow at his wife Lakhi Paharin with intention to commit her murder and as a result of which she sustained injury on her abdomen and she fell down. It is further alleged that at the time of shooting the arrow the appellant was telling that he will commit the murder of Lakhi Paharin as he is not begetting any child due to her. It is also alleged that P.W.4 Shambhu Pahariya, P.W. 5, Laxman Pahariya and others have witnessed the occurrence.
(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case due to the enmity existing and alive and the informant has greedy eyes to grab his property by falsely implicating him in this case.;