RANSERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 23.9.1994 passed by the learned Special Judge, SC/ST Cases, Udaipur whereby the accused-appellants Ransera was held guilty of the offence under Sec. 302 IPC and was sentenced to imprisonment for life together with a fine of Rs. 200/- and in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) The prosecution case briefly stated is that on 26.10.1992 at about 10.15 PM, PW. 2 Laxman, his brother Laloor and mother Mst. Bhoori were reaping the oil seed crop in their field, which is adjacent to the field of accused Ransera. It is alleged that accused Ransera armed with bow and tresspassed into the filed of Laxman and shot an arrow at Laloo, which hit the 10th rib of Laloo causing a penetrating wound, and the blood started oozing out of the wound. Laloo fell down. Accused Ransera fled away from the place of the occurrence. Ladura tried to retrieve the arrow which struck in the 10th rib cavity but he could only succeed in pulling out the wooden portion of it. The pointed iron portion remained inside the rib. It was also stated that Karma son of Khnga also reached the place of the occurrence. PW. 2 Laxman lifted the injured and reached the Police Station, Mandawa and lodged the FIR Ex. P.3.

(3.) The police registered a case under Secs. 324 and 400 IPC and started investigation. The injured was then sent to the Govt. Hospital, where his injuries were examined by Dr. G.L.Dad and according to the injury report Ex. P.9, the deceased was found to have sustained a punctured wound of the size of 2 x 2 cm in left lower chest laterally with difused swelling. The injured was then operated upon and it was found that the above wound fatally damaged the spleen which ruptured and bled profusedly. However, the operation notes not available on record.