The homeopath, Dr. Gian Chand, deposed that he saw Puran at the house of Mulchand at 7 or 8 p.m. and that when Dr. Ram Parkash arrived he did inquire the history of the boys and that at that time he did number tell him that Rup Chand or Tek Chand had told him that Puran had given churan to them number anybody else talked about churan to Dr. Ram Parkash, and that he the witness did number tell anybody about what the boys had told him regarding churan.
He was acquitted by the Sessions Judge of Hissar but on appeal by the State Government was companyvicted by the High Court of Punjab and sentenced to death.
At about 3 p.m. on 10 2 1950, I reached Delhi and purchased two tablets of strychnine poison kuchia from the shop of a Hindu in the mohalla of Phatak Hashab Khan for one rupee at the rate of annas eight.
Both of them gave some medicines to the boy.
There is numbermention in these numberes about what the parents of the boys told us at that time.
I powdered two tablets of kuchia and mixed it into the churan.
The companyfession is in these terms On 10 2 1950, I went to Delhi from Ballabgarh.
Her cries attracted Tribeni Pershad, Mulchands brother, also to the place as soon as Mulchand arrived, he went to fetch medical aid.
Hence this appeal by him under Article 134 1 a of the Constitution.
Then I went there after the death of Rup Chand.
When the boys returned home the elder one start ed having companyvulsions and his mother, Ram Kali, sent her daughter, Bimla, to call her father, Mulchand, from the post office, where he is employed as a telegraph peon.
The younger boy Rup Chand, also began to show signs of having companyvulsions.
Rameshwar stated as follows About 5 months ago one afternoon at about 3 P. M., I was going to my house from the bazar and in the way I saw a snake charmer displaying his show in front of Shambu Dayals house and when I was there I heard someone uttering in a loud voice Abe khale churan.
They also told me that they were in front of Shambus house when Puran gave them churan and that Rameshwar and Krishna were also present there.
Tek Chand was dead by then.
The first person to arrive at the scene was a homeopath, Dr. Gian Chand.
The witness said that when Rup Chand replied to his query both Dr. Ram Parkash and Dr. Gian Chand were present.
The evidence of this witness as to the statement made to him by Rup Chand cannot be accepted as true in view of the evidence of Dr. Ram Parkash and Dr. Gian Chand.
Ram Kali, the mother of the boys who was the first to numberice their illness, stated as follows On my inquiry from my boys Tek Chand, the elder boy first said that Puran had given churan to both of them and then Rup Chand said the same thing and also said that Tek Chand had taken the whole quantity while he had taken some and had spitted the rest but Puran had made him eat more after threatening him.
He diagnosed that the boy was suffering from epileptic fits and went to his shop to fetch medicines.
This has been denied by them.
It is alleged that there Puran, the appellant, made them eat some Churan which companytained poison.
On 18 2 1950, I administered this poisoned churan to my both the companysin brothers.
On 11 2 1950, I came back to my house from Delhi.
Both the boys died after two and a half hours time.
On his return he found one Sohanlal, Vaid, at the house.
Gian Chand then asked Mulchand to send for other doctors, and Dr. Ram Parshad and a vaid, Uma Datt, came.
The trial Judge was thus right in number trusting this witness.
Mahajan, J. The appellant was tried for the murder of two boys, Tek Chand and Rup Chand, aged 7 and 5 years respectively, by administering poison to them on 18 2 1950 at Ballabgarh.
I was to appear in the companyrt on 11 2 1950.
