Kailash Prasad Deo, J. - (1.) Heard, Mr. Aman Shekhar learned counsel for the appellant and Mr. Anand Kumar Pandey, learned Additional Public Prosecutor appearing for the State.
(2.) The instant Criminal appeal is directed against the Judgment of conviction and order of sentence, both dated 25.03.2004, passed by the learned Additional District and Sessions Judge, Fast Track Court, Rajmahal, in S. C. No.255 of 1993 / S.T. No.209 of 2003, whereby the sole appellant, Rabikant Murmu, has been convicted for the offence committed and punishable under Section 324 of the Indian Penal Code and awarded him to undergo rigorous imprisonment for two years and a fine of Rs.1,000/-. In default of payment of fine amount, to further undergo rigorous imprisonment for one month.
(3.) The prosecution case is based upon the fardbeyan of the informant, Thakurain Hansda, recorded by Sita Ram Rai, Sub Inspector of Police, Barharwa Police Station, at Barharwa Hospital at 18.30 hours, on 08.11.1988, wherein the informant has alleged that while she was going along with her husband, Jerman Murmu to Ram Nagar Hatiya, at around 3 p.m., she met covillager, Rabi Kant Murmu (appellant) armed with bow and arrow in his hand. As soon as, the informant reached near Rabi Kant Murmu at a distance of ten yards, he charged informant with an allegation of being daain and said that she will be killed. Thereafter, the accused/appellant with an intention to kill, shot arrow pointing towards her chest, but the same entered into her abdomen and she fell down. The informant has alleged that her husband, Jerman Murmu and other people of village took her to Barharwa Hospital, where she is admitted. She has further stated that the occurrence has been witnessed by her husband and other co-villagers. On the basis of the left hand thumb impression made by the informant on the 'fardbeyan', the Police instituted First Information Report bearing Barharwa P.S. Case No. 36 of 1988, dated 08.11.1988 corresponding to G.R. No.342 of 1988 under Section 307 of the Indian Penal Code against the accused/appellant.;