NATHU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) On 17-5-1952 Sri Nand Lal Kureel, the City Magistrate of Manipuri, returned home from court at about 5 p.m. and found his son, Sumer Singh, aged about 10 or 11 years, missing. After some fruitless search, he reported the matter to the police. On information given later that night by P. W. 26, Sri Kureel sent for Bhola, the first accused, who stated that he and the second accused, Ram Singh, had in the course of the day lured away the boy. The second accused was then sent for, and he also made similar statement. Thereupon, Sri Kureel handed them over to the police for further investigation.

(2.) Accused 1 and 2 were in the lock-up until 22nd May, when they were taken into jail custody. On the 24th, both of them made confessional statements (Exhibits P-5 and P-6) before a Special First-class Magistrate, P.W. 28. These confessions, though subsequently retracted, have been found by both the courts to have been true and voluntary, and it was on the strength of these confessions which received corroboration in material particulars from the evidence in the case, that accused 1 and 2 were convicted.

(3.) The appellant, as appears from the evidence of Sri Kureel, which has been accepted by both the courts, was arrested on the night between 20th and 21st May. Though the confessional statements of accused 1 and 2 were recorded on the 24th May, seeing that they were in police custody from the night of the 17th down to the 22nd it may be presumed that the appellant was arrested on the night of the 20th as the result of statements made by accused 1 and 2.