14 human blood was detected on the banian towel and the bag as also on the garments on the body of the child.
sudha then enquired again from rajinder about tonny and he said tonny might have gone to the shop of baba to fetch a toast.
indeed according to the prosecution the two accused made a show of taking part in the search for the boy.
3 at that time rajinders wife his father his sister and his servant bhagat ram were away from the house bhagat ram having been actually sent out by rajinder at about 2 30 p. in.
in rajinders house playing with rajinder.
the prosecution case is that on january 5 1961 between 3 30 p. m. and 4 p. m. when tonny was at the house of jagdish and rajinder and the other inmates of the house were away rajinder killed tonny by stuffing his mouth with a cloth and kept the dead body in the garage in their house and that that very night he and his father buried the dead body in the companypound after putting it in a gunny bag.
the father jagdish chander has been companyvicted under a. 201 of the indian penal companye for having companycealed the dead body of tonny.
2 tonny was last seen alive at about 3 30.
a few days before january 5 1961 relations between rajinder kumar on the one hand and tonnys father ravinder kumar on the other had become strained because rajinder had talked to tonnys mother in a way which her husband did number like and ravinder asked rajinder to stop his visits to their house.
the details of the prosecution story are beat told by enumerating the circumstances on which the prosecution relied to prove its case that rajinder killed tonny.
appeal by special leave from the judgment and order dated september 7 1961 of the punjab high companyrt chandigarh in criminal appeal number 595 of 1961 and murder reference number 56 of 1961.
12 then rajinder kumar pointed out a place dug there about 4 ft.
10 on january 9 rajinder met raj kumar a teacher in a primary school on the bridge in mohalla jori bhatia and asked for his assistance in removing the dead body of the child after companyfessing to him that he had murdered him.
may 4.
11 rajinder was interrogated by the police on the 3rd and 4th february and ultimately on the 5th february when he was taken by the police to his own house he made a statement that he had buried the dead body of the child at a distance of 6 to 7 ft.
7 that night bhagat rain slept in the kitchen and rajinder kumar who lad gone out of the house after 4 o clock pretending to take part in the search for tonny returned home at 12 midnight and put on the light in the kitchen where bhagat ram had laid himself down and asked him why he had number gone to sleep.
these two jagdish chander and rajinder kumar are father and son.
criminal appellate jurisdiction criminal appeal number 182 of 1961.
9 rajinder remained outside the house for about anumberher two hours during which bhagat ram was awake.
from the main gate towards the right wrapped in a gunny bag close to the gul mohar tree.
when the cloth stuffing the mouth was removed the tongue was found pushed to the left side backward looking the throat.
13 there was also a towel which has been identified by bhagat ram as belonging to the accused rajinder kumar inside the bag.
rajinder kumar has been companyvicted under s. 302 of the indian penal companye for the murder of tonny and sentenced to death.
a month later on february 5 1961 his dead body was discovered buried in the companypound of the house of goyals next door neighbour jagdish chander and rajinder kumar.
8 at about 2 o clock when bhagat ram came out to answer a call of nature he saw rajinder and his father in front of the garage talking to each other but they kept quiet when he drew near.
the civil surgeon bhatinda who held the postmortem examination has given his opinion that the death of the child was due to asphyxia resulting from suffocation caused by packing the mouth with the cloth.
deep and tonnys body was found there in a gunny bag with his own garments on and with a banian thrust in his mouth.
gopal singh and p. d. menumber for the respondent.
after this tonny who used to be a frequent visitor to rajinder whom he called uncle also stopped his visits for some days but then three or four days before january 5 he resumed his visits to rajinder as rajinder had been giving him sugar drops.
for the entire month after the child was found missing and before his body was discovered frantic efforts had been made by the distracted parents and grandfather of tonny to trace him but in vain.
5 rajinder kumar said that tonny had gone with his wife to the house of jagdish goyal.
tonnys body was found in a gunny bag with a blood stained piece of cloth stuffed in the mouth a blood stained towel was also found in the bag.
p. in.
the judgment of the companyrt was delivered by das gupta j. three and a half year old tonny son of ravindernath goyal was last seen alive on january 5 1961.
both the accused pleaded number guilty and urged that they had been implicated falsely on unjustified suspicion.
s. b. chari om prakash passey and k. r. chaudhri for the appellants.
4 at about 4 p. m. tonnys mother sudha called out to tonny after preparing the tea but number getting any response asked rajinder kumar whom she saw companying from the direction of the garage as to where tonny was.
rajinders wife came back to the house just at that time and in reply to sudha said that tonny had number gone with her but had been playing about with her husband.
