HADI KIRSANI Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under Section 302 I. P. C and sentenced to imprisonment for life- He is the eldest son of the deceased and used to slay with him. In the evening of 5-5-63. the deceased was preparing tobacco. The appellant wanted a little of it Not only the deceased refused to give a portion but he gave him a kick by way of admonition Appellant thereafter went to the house of his uncle (P. W 1 ). He by then possessed a bow, two arrows and a dart. He narrated the story to P. W. 1 as to how and why he was assaulted by his father. A tittle later, the deceased came towards them and asked the son to come back home saying that he would not assault him further. At this point of time the appellant shot the father with an arrow which pierced his left fore-arm and the right belly. Hardly had he gone a few steps back he fell down. P. W. 1 came to his help and pulled out the arrow. The deceased made a statement before P. Ws. 1 to 3 as to how he was shot by his son. He was removed to the Hospital where he died at about 5 p. m. on 15-5-1963, ten days after the date of occurrence.

(2.) BOTH in the committing court and Sessions Court, the plea of the appellant was that the deceased was drunk with Salap juice while carrying the arrows and bow. He fell down on his own arrow which pierced him in his belly and he died as a result of this accident.

(3.) ON a thorough discussion of the evidence the learned Judge came to conclusion thai the prosecution version was fully established and that the defence plea that the deceased died as a result of accident is not true. We have closely examined the evidence of eye-witness (P. W. 1) and the statement made by the deceased before P. Ws. 1 to 3. We are satisfied that the learned Judge reached the correct conclusion, that as a result of the injuries caused by the appellant by shooting an arrow the deceased fell down