- (1.)ACCUSED Dursingh was prosecuted for an offeiiee under Section 302, IPC before the Sessions Judge, Ratlam who found him guilty under that section and sentenced him to transportation for life. Aggrieved by this decision, accused has preferred this appeal.
(2.)PROSECUTION case is that on 4-6-1952 a she-goat belonging to the accused was found missing. He thereupon set out in search of the same. He had with him a bow and arrows. He reached a place known as Guard Khodari. There he met deceased Bapu along with his two daughters, Bhimabai aged 12 and Basani younger than her. Bapu, it is said had gone that side in search of his own bullock which had strayed. Some talk took place between the accused and the deceased Bnri thereupon Beouned dischfireed about 5 to 7 arrows in succession against Bapu. He was seriously injured. In all. seven injuries were caused to the abdominal cavity and forearm, those on the abdominal cavity being serious. He was taken nome by his brother Gambhira and his sona Daryava. 'first information was lodged by Gam-Jfcira on the same night (4-6-1952) at 10-30 P. M. Bapu was taken to Jobat hospital the next morning where he succumbed to his injuries at 4-30 p. m. en 5-6-1952. Prior to his death he Is said to have made a dying declaration which was recorded by the medical officer in charge of the Jobat dispensary. The said officer examined Bapu before his death and his dead body also was subjected to post mortem examination by him. The cause of death was stated to be peritonitis and haemorrhage due to injuries on the abdominal cavity which was punctured. On these facts the accused jkis prosecuted.
(3.)PROSECUTION evidence consisted of the statements of the eyewitnesses Bhimabai daughter of Hie deceased aged 12 and his son Daryava who were Hear the scene of the occurrence and his brother Gambhlra who arrived on. the scene of the occurrence on the cry being raised by Daryava, According to Bhimabai P. W. 6 accused Dursingh was concealing his presence in the Khodara (a narrow valley ). He then put arrows to his bows and discharged them towards her father who was by the bank of the rivulet. One of the arrows directed against the stomach passed through and through and two arrows struck his right arm. Accused then made good his escape. She, oh seeing all this, raised a cry and Daryavsingh arrived first. He waa followed by Bapu's brother Gambhlra. In the cross-examination she stated that her uncle came on the scene after her brother and after his arrival raised a ery.
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