MOHAMMAD SABIR Vs. REX

JUDGEMENT

(1.) The appellants Mohammad Sabir, Mustafa and Ashiq Dad have been convicted under Sections 377 and 302/34, Penal Code for having committed sodomy on, and thereafter having murdered, one Babbu, a boy nine years old. They have been sentenced to transportation for life under Section 377 and to death under Section 302, Penal Code. The learned Sessions Judge has referred the case to this Court for confirmation of the death sentences.

(2.) Babbu deceased was the son of Onkar Nath Kaul, Naib Nazir in the District Judge's Court at Gorakhpur. Onkar Nath Kaul had two sons, Mahendra Nath, 12 years old, and Said Babbu deceased, nine years old. Sabir appellant was at one time a civil Court peon employed in a temporary vacancy and was also in the service of Onkar Nath Kaul and his usual job was to escort Babbu deceased to the school. On 12-6-1948, Onkar Nath Kaul left Gorakhpur on a short visit to Lucknow. Before leaving the place, he instructed Nathe and Sundar, process-servers, to look after bis house and get a Government Thela repaired. On 14th June at about 8 A.m. Nathe took the Thela for repairs to the shop of one Churawan carpenter, which was about 100 paces away from the house of Onkar Nath Kaul. Babbu also accompanied Nathe.

(3.) The prosecution gtory is that thereafter Sabir appellant came to Onkar Nath Kaul's house at about 9 A.m. and enquired from Mahendra Nath, Onkar Nath Kaul's elder son, as to where Babbu was. Mahendra Nath informed him that Babbu had gone with Nathe to the carpenter's shop. Sabir then went to the carpenter's shop and induced Babbu to go with him to the compound of the Normal School where, according to a previous arrangement, the other two appellants Mustafa and Ashiq Dad joined Sabir. Then the three appellants took the boy to a pit in the compound of the School and all the three committed sodomy on the boy one after the other. Babbu began to cry and threatened to report the matter to his father, whereupon the three accused in order to avoid disclosure, throttled the boy, killed him and threw him in a well nearby and thereafter threw branches and leaves of a tree to cover the dead body.