NEVASKAR, J.

Accused Dursingh was prosecuted for an offence under S.302, I.P.C, 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 and thereupon accused discharged 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 home by his brother Gambhira and his son Daryava. First information was lodged by Gambhira 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.