STATE Vs. FATEH BAHADUR

JUDGEMENT

(1.) This is an appeal on behalf of the State against an order of acquittal of the respondents who are five in number. Fateh Bahadur respondent No. 1 is a boy aged twelve years. He is an orphan and he lives with his uncle Rashik Behari Lal respondent No. 4, Sooraj Prakash respondent No. 3 belongs to the same caste as these two respondents & he is an amateur Homoepathic practitioner in village Manauna where the respondents reside. Respondent No. 2 is Umrai Gir and respondent No. 5 is Smt. Ram Murti the wife of Umrai Gir.

(2.) Fateh Bahadur was charged for offences punishable under Sections 302 and 328, I. P. C., in that on the 16th of April, 1953, at about 11 a.m. he committed the murder of Sudarshan Puri by administering a poisonous pera to him knowing that it contained arsenic poison as a result of which Sudarshan Puri died on the same date by about 7 in the evening. The other four respondents were charged for the abetment of the offences under Sections 302 and 328, I. P. C. These four were further charged for conspiracy under Section 120-B of the Code read with Section 302 of the Indian Penal Code.

(3.) The facts on which the case for the prosecution had been founded may be briefly stated. About fifty years ago one Baba Kedar Gir of village Manauna had made Baldeo Puri his chela and had given him the name of Baba Ram Gir. The gaddi of Baba Kedar Gir had devolved on Baba Ram Gir. According to the tradition of that gaddi the incumbent of the gaddi has to observe celibacy and has to remain a bachelor; and it is enjoined that in the event of his marriage, he must appoint a chela who has to remain a bachelor during the lifetime of his gum. The above tradition was not strictly followed, Baba Ram Gir had married about ten or twelve years after he had succeeded to the gaddi. About a year after his marriage he had appointed Umrai Gir respondent who was then about ten or twelve years of age as his chela Consequent upon soldi appointment Umrai Gir renounced his natural parents and treated his guru in somewhat the same fashion as an adopted son treats his adoptive father. After about 5 or 6 years of such appointment Umrai Gir fell into evil company. He wss ultimately involved in a dacoity case and was prosecuted, convicted and sentenced to seven years' rigorous imprisonment. He served out his sentence about fifteen years ago and on his return from jail he lived with Baba Ram Gir for about live years. Ram Gir wanted to bring him to proper course of conduct and to mend his ways, but he failed in his attempt find Umrai Gir did not improve himself. Ram Gir had therefore to revoke his chelaship some time about ten years back. Since then Umrai Gir had been living in the Rath-Khana of Baba Ram Gir which is close to the residential house of the latter. About eight or nine years ago Umrai Gir married Smt. Ram Murti respondent. Baba Ram Gir then made one Randhir Gir aged about seven or eight years as his chela, but this new chela could not live with him for more than two or three years because of the alleged high handedness of Umrai Gir. Baba Ram Gir was then on the lookout for another chela and on the 14th of May, 1952, he formally initiated his daughter's son Sudarshan Puri, who was then about nine or ten years of age, as his chela. It is said that Umrai Gir was not happy over the prospect of Sudarshan Puri being made chela and being finally installed on the gaddi. Not-withstanding the opposition of Umrai Gir, Sudar-shan Puri was made the Chela and was given the name of Bhagwan Gir. Baba Ram Gir on account of the association of Umrai Gir with him for a number of years, however, took kindly to him and instead of turning him out from his house, he allowed him to live in his Rath-Khana which was close to his residential house. The rela- tions between the two apparently continued to be cordial. It is, however, suggested that Sudarshan Puri was not looked upon by Umrai Gir with favour and he had to all intents and purposes become an eye-sore to him. It is said that as against that background the present offence had been committed.