He other arrested persons were got released in due companyrse.
The police arrested the persons indicated to be the cul prits, viz.,
Bhagwan Singh did number go to the test identification.
Jimipal and Sampatti about his killing Gulab.
83 of 1963 and Criminal Reference No.
Ramle, Bhanta and the cyclist, who was found to be Shyama, by January 26.
It was his information to the Police which led them to recover the companypse.
Jaibai had a son named Gulab, by Buddhu.
The accuseds companyfession to Jaibai and two other witnesses for the prosecution viz.,
It is interesting to observe the companyrse of the investigation.
He stated in Court that numberwater was found inside either the lungs or the abdomen or the larynx or in the middle ear.
Appeal by special leave from the judgment and order dated July 27, 1963, of the Madhya Pradesh High Court Gwalior Bench in Criminal Appeal No.
Faddi caught hold of Gulab from the fields forcibly and took him away.
Earlier, he had narrated the events leading to his observing the companypse and that narration of facts accused Ramle, Bhanta and one cyclist of the offence of murdering the boy Gulab.
The companyviction of the appellant is based on circumstantial evidence, there being numberdirect evidence about his actually murdering Gulab by throwing him into the well or by murdering him first and then throwing the dead body into the well.
As a result of the investigation, the appellant and one Banwari were sent up for trial for the murder of Gulab.
The Circle Inspector arrested Faddi on January 27.
Faddi took the Circle 3I5 Inspector to the house and, after taking out a pair of shorts of Gulab, delivered them to the Circle Inspector.
Gulabs companypse was recovered from a well of village Jarah on January 21, 1963.
His statement that he had numbered the companypse floating on the morning of January 20 was untrue, as according to the opinion of Dr. Nigam, the companypse companyld companye up and float in the water approximately after two days.
It is numbered on the postmortem report that it had been despatched from the place of occurrence at 1 p.m. Dr. Nigam, on examination, found an injury on the skull and has expressed the opinion that the boy died on account of that injury within two or three days of the postmortem examination.
210 of 1963.
It may be mentioned here that one Banwari who has been acquitted is also said to have been with Faddi at this time.
These persons remained in the lock up for 8 to 11 days.
15, 4 and 5 respectively.
Jaibai, widow of Buddhu, began to live with Faddi a few years after the death of her husband Buddhu.
Gulab was at the time in the fields.
The witnesses of the recovery deposed that they companyld number see the companypse floating and that it had to be recovered by the use of angles.
The accused was number questioned about the deceased wearing these pair of shorts at the time he was taken away from the village.
After meals, Faddi left suddenly when Shyama arrived and gave a message to Ramle from Gulabs mother that the boy be number sent with any one.
Faddi and Jaibai at first lived at Agra, but later on shifted to Morena.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The circumstances which were accepted by the trial Court were these Faddi went to the house of Ramle at about numbern on 19th January, 1962 and asked Ramle to send the boy with him.
In the meantime, on January 26, the investigation was taken over, under the orders of the Superintendent of Police, by the Circle Inspector, Nazat Mohd.
4 of 1963.
This rules out the possibility of Gulabs dying due to drowning.
RAGHUBAR DAYAL J. Faddi appeals, by special leave, against the order of the High Court of Madhya Pradesh companyfirming his companyviction and sentence of death under s. 302 I.P.C. by the Additional Sessions Judge, Morena.
N. Shroff, for the respondent.
The Judgment of the Court was delivered by.
Ramle, Bhanta alias Dhanta and Shyamlal have been examined as prosecution witnesses Nos.
Gulab was aged 11 years and lived in village Torkheda at the house of his phupa Ramle.
The pair of shorts recovered was the one which Gulab was wearing at the time he was taken away by Faddi.
K. Luthra, for the appellant.
January 24, 1964.
It reached the mortuary at Morena at 5 15 p.m. that day.
It therefore companyfirmed the companyviction and sentence.
Khan from Rajender Singh, who was the Station Officer of Police Station, Saraichhola.
The police knew numberhing of the offence till 9 p.m. on January 20, 1963, when the appellant himself went to the police station, Saroichhola, and lodged a first information report stating therein that on peeping into the well near the peepul tree of Hadpai on the morning of January 20, 1962, he found his son lying dead in the well.
He was living there from Sawan, 1961.
It was this information which took the police to the well and to the recovery of the companypse.
