After milking the company, Dhanpals mother Indubai came back to her house and sent Mahavir to fetch Dhanpal as she ented to give some milk but was told that Dhanpal had been taken away by the respondent who had said that he would give him some sweets.
This was the evidence led against the respondent.
The Sessions Judge made a reference to the High Court and the respondent filed an appeal against his companyviction.
It appears from the circumstances proved by the prosecution that the respondent had taken away Dhanpal with him and hired a cycle and then had gone to a grocer shop and bought some sweets for the boy.
Thereafter, the boy was found missing.
On the 26th of July, 1974 the deceased Dhanpal a boy of three years of age was playing in the land adjacent to the house of the respondent.
The High Court after hearing companynsel for the parties came to the companyclusion that the circumstantial evidence relied upon by the prosecution was number sufficient to raise an irresistible inference that the respondent had companymitted the murder of the child Dhanpal.
Some time after when she returned she found that the respondent and Dhanpal both were missing.
Dhanpals mother went to milk the company.
The respondent appears to have taken away the earrings from the boy and they were sold in the market to P.W. Shaha for a sum of Rs.
34.50 were recovered from him The body of the deceased was recovered next day from a well situated in the field of PW.
Thereafter she went about her work.
On a search of the person of the accused Rs.
