the house of the 1341 weapon called balua was found in the numberth facing room of the house between a wall and the roof.
one mst.
appeal by special leave from the judgment and order dated march 4 1958 of the patna high companyrt in criminal appeal number 50 of 1958 and death reference number 3 of 1958 arising out of the judgment and order dated january 18 1958 of the court of the 1st additional judicial companymissioner of chotanagpur at ranchi in sessions trial number xc of 1957.
on a tuesday may 7 1957 the two sisters baisakhi and aghani had gone out to pluck wild berries in a hilly jungle situated at a short distance from their village the distance being estimated variously by various witnesses from 300 yards to a little more than a mile.
baisakhi was about nine years old and aghain about five years old.
after further investigation by two different sub inspectors of police the appellant was sent up for trial.
on thursday may 9 1957 at about 10 a.m. rup ram and the chaukidar appear ed at the police station of kolebera and rup ram gave an information which was recorded by the assistant sub inspector of police.
the appellant was detained by the aforesaid village authorities till the assistant sub inspector of police arrived at the village on friday may 10 1957.
this balua had certain blood stains on it but the stains having disintegrated the origin of the blood companyld number be determined.
jatri p. w. 2 who was a widow also lived in the same village and same tola.
the learned additional judicial companymissioner submitted the record to the high companyrt of patna for companyfirmation of the sentence as he was required to do under the provisions of s. 374 of the code of criminal procedure.
the defence of the appellant was that he had been falsely implicated.
this information referred to the statements of aghani and to the other facts which had been discovered by that time.
the assistant sub inspector arrived at about 3 a.m. he was taken to the place where the headless dead body of baisakhi lay.
it is stated that on being questioned where the head of the girl baisakhi was the appellant took the assistant sub inspector of police and some of the villagers to a place at a short distance of 100 yards or so from where the dead body was.
the assistant sub inspector made an inquest on the dead body and seized the articles found there including 29 beads of the mala which baisakhi was wearing and which lay scattered near the place.
at about 1 or 2 p. m. on that day he was questioned by dalpat sai p.w.4 mukhia of the gram panchayat krishna chandra singh p. w. 7 sarpanch of the gram panchayat and praduman singh p. w. 13 one of the panches of the panchayat and it is stated that the appellant made an extra judicial companyfession to these persons to the effect that he had killed the child baisakhi for greed of money as a companytractor who was building a bridge on the lurki river had offered rs.
she had two young daughters one named baisakhi and the other named aghani.
jatri and others as the dead body of baisakhi by reason of the white saree of yellow border which baisakhi was wearing five red churis round the right hand two red churis round the 1340 left hand one bera round the left hand one brass ring on the left finger and certain beads of a mala which baisakhi had put on.
80 for a human head.
he then sent rup ram and the chaukidar to the police station which was at a distance of 43 miles.
on may 19 1958 the appellant prayed for and obtained special leave and then filed the present appeal in pursuance of the leave granted to him.
rup ram came back to banmunda on wednesday may 8 1957.
he denied that he killed baisakhi near the jungle at amtis chua hill.
on the same thursday the appellant was found in the house of his sisters husband in anumberher village called karmapani.
the appellant was caught hold of by the village volunteers and brought back to village banmunda on thursday.
the assistant sub inspector of police arrested the appellant who was already in custody of the mukhia.
in the meantime certain other villagers including dalpat sai p. w. 4 mukhia of the village and sohar p. w. 5 chaukidar of the village had been informed that baisakhi was missing.
the judgment of the companyrt was delivered by k. das j. this is an appeal by special leave.
when the headless dead body was discovered and identified dalpat sai left some of his companions to guard the dead body and went to the house of the appellant but did number find him there.
criminal appellate jurisdiction criminal appeal number 76 of 1958.
he also sent some volunteers of the gram panchayat to look for the appellant.
at that place were discovered some strands of bloodstained hair which were seized by the assistant subinspector of police.
the strands of hair looked like the hair on the bead of a female person and the chemical examiner later reported that the strands of hair were stained with human blood and appeared to be scalp hair of human female origin morphologically .
this village party found the headless body of baisakhi at a short distance from the aforesaid spring.
the body was identified by mst.
september 19.
tried on a charge under s. 302 indian penal companye he was companyvicted and sentenced to death by the learned additional judicial commissioner of ranchi in the state of bihar.
he further denied that he had made any extra judicial companyfession to dalpat sai krishna chandra singh and praduman singh.
aghani took rup ram and these villagers to the foot of amtis chua hill and showed them the spring or well.
the appellant is ratan gond aged about 28 years.
there was an enquiry by a magistrate of the first class who at the companyclusion of the enquiry companymitted the appellant for trial by the companyrt of session.
r. l. iyengar for the appellant.
the appeal and the reference under s. 374 criminal procedure companye were heard together by a division bench of the said high companyrt and it accepted the reference and dismissed the appeal thereby companyfirming the sentence of death passed upon the appellant.
ratan gond also preferred an appeal to the high companyrt.
1338 h. dhebar for the respondent.
the appellant was a resident of village urte tola banmunda police station kolebera in the district of ranchi.
the postmortem examination on the dead body was held on may 11 1957 and the ante mortem injuries which the doctor found were 1 complete severance of the head from the neck 2 one incised wound on the left shoulder and 3 anincised wound on the left upper arm.
the subject of the present appeal is the murder of the girl baisakhi.
