The motive for the companymission of such heinous crime was stated by the prosecution to be the deep craving of the second accused, who was childless, to have a child and the companyfidence or advice he had received from Sadhu or a Saint, who had assured him that his desire would fructify if he offered the tuft of hair of a young boy to Kalka Mata a deity.
He immediately sent his servant to find out where the child had gone.
The first accused was arrested at 9.00 P.M. on 30th of August, 1977 and on the same night in the early morning at 4.30 A.M. on 31st of August, 1977, the second accused also was arrested.
On the 9th of September, 1977 the companyfessional statement given by the first accused was recorded.
The prosecution case as brought out in the evidence show that the deceased Tinu is the son of one Budhi Prasad PW 35 and this child was born to him after the birth of six daughters.
327 of 1979.
The second accused inquired of Budhi Prasad as the whether Tinu had been traced.
The State of Gujarat preferred an appeal to the High Court.
Budhi Prasad is a Kandoi by profession and runs a shop of sweets and Nimkins at Prantij, a town in Gujarat State.
Meanwhile, the President of Prantij Nagar Panchayat had informed the police that a dead body was seen at the Nalia.
The deceased Tinu used to go to shop of his father, which was situated near the S.T. Bus Stand, in the town and be with the father playing in or around that area.
At that time accused 1 asked or enquired of Budhi Prasad who had companye there whether he had any doubts in his mind against him.
The first accused was kept in police custody until the 6th of September, 1977 when he was remanded to judicial custody.
As many as 42 witnesses were examined for the prosecution and a number of documents produced.
When Budhi Prasad demanded accused 2 to give him the Jasa Chitthi the accused did number hand it over but allowed him to read the same while keeping the Jasa Chitthi in his own hand.
They were charged under Section 302 read with 120 B and Section 302 read with 34, 201/34, 404 and 507, IPC for having entered into a criminal companyspiracy to kidnap and murder a four years old child by name Tinu and for having companymitted, in furtherance of a companymon intention and the companyspiracy, the murder of the said child.
495 of 1979 and the second accused Chandrakant Chimanlal Desai is the appellant in Criminal Appeal No.
The second accused was also a member of that crowd.
1 obviously on suspicion.
Budhi Prasad went home and later in the day he sent his brother Chinubhai PW 27 to the second accused to bring the said Jasa Chitthi and accordingly Chinubhai went to the second accused and got the Jasa Chitthi and handed over the same to Budhi Prasad.
Budhi Prasad went with his brother and others to the spot.
The details of the Jasa Chitthi need number be set out at this stage.
On the day of occurrence, namely, 27th of August, 1977 the boy was as usual with his father and around 1.30 P.M. both father and the boy went to their house for numbern meal and returned around 3.00 or 3.30 P.M. At the time the first accused who was known to the family and who used to play with the child was also seen sitting on a bench lying near the shop.
Not finding any clue regarding his whereabouts at about 7.00 P.M. he informed the Prantij Police that his son Tinu was missing.
Around 4.30 P.M. Budhi Prasad numbericed that his son was missing.
The High Court also had expressly referred to the law on this subject relating to circumstantial evidence and also warned itself on two other aspects in approaching the evidence on record.
The learned Sessions Judge Sabarkantha District at Himatnagar acquitted both the accused.
However, the second accused called him and told him that there was a Jasa Chitthi demanding a ransom.
It is further stated that on the 29th of August, 1977 around 5.30 P.M. Budhi Prasad heard the news that a dead body of a boy has been seen in the Nalia going to village Lakroada.
This Jasa Chitthi cautioned that the fact of the demand should number be told to the police on pain of certain companysequences.
The crowd accordingly freed accused 1.
On the 8th of September, 1977 he was produced before the Judicial Magistrate PW 40 on the ground that the first accused desired to make a companyfessional statement.
Budhi Prasad gave a negative reply and was proceeding further.
Since Budhi Prasad at that time did number entertain any doubts about him he informed the people that he entertained numbersuspicion against him.
The dead body was identified as that of missing child Tinu.
On being told that he was number found even in his house he became suspicious and made a search for the child in the entire town.
The prosecution case further went on to say that on the next day, namely, 28th of August, 1977 at about 5.30 P.M. Budhi Prasad was going to S.T. Stand and that time he saw accused 2 sitting near the Octroi Cabin.
Later Budhi Prasad is said to have handed over that letter to one Dhirubhai PW 28 .
It was the further case of the prosecution that around 10.30 P.M. the news of missing of the child having spread like fire, a crowd of people companylected near Nagar Panchayat office and th people had caught hold of accused No.
Ramaswami, J. The first accused Subamiya Deshmohmed is the appellant in Criminal Appeal No.
