FADDI Vs. STATE

JUDGEMENT

(1.) THE appellant Faddi was convicted of the offence under S.302 IPC and sentenced to death by the First Addl. Sessions Judge Morena for committing the murder of a boy aged 11 years named Gulab on the 19th of January, 1962 in the jungle adjacent to village Jarah. The case has also come up before us for confirmation of sentence of death. This judgment shall govern both of these cases.

(2.) THE facts of the prosecution case may briefly be stated as follows Faddi had kept the deceased Gulab's mother Jaibai, who was a widow, as his mistress. They both lived for sometime at Agra. Gulab also lived with them at that time. They thereafter shifted their residence to Morena leaving Gulab at Torkheda under the care of one Ramle. It is alleged by the prosecution that Faddi wanted to sell away Jaibai in marriage to someone else and "when Jaibai came to know of this design she ran away to Agra where she stayed with one Shripal. Faddi followed her there. But Jaibai on learning about his visit slipped away to the house of her daughter, Sampat, Faddi being unable to trace the whereabouts of Jaibai at Agra returned from these, Thereafter he along with Banwari went to Ramle's house at Torkheda and falsely represented to him that Gulab's mother Jaibai being seriously ill he had come to take away Gulab. By sheer coincidence one Shyama arrived in the meanwhile with a message from Jaibai that she did not want her son to be sent with anyone. When Sayama conveyed this message' to Ramle, Faddi and Banwari along with Bhagwansingh and Kamla, the son and daughter respectively of Ramle, were sitting in a cart. On hearing the message' brought by Shyama accused Faddi drove away the cart. He sopped it only at the place where Gulab was grazing the cattle. Faddi and Banwari forcibly took away Gulab. On the 20th of January, 1962 Faddi appeared at about 2 A.M. a the police station Saraich -hola and lodged a report (Ex/P 8). In this report Faddi stated that he had been to Agra on 18 -1 -1962 in search of his wife Jaibai but that he could not contact her. On the 19th he paid a visit to Ramle at Torkheda, and asked him to send away Gulab with him. Ramle, however, refused to do so. He, therefore, forcibly took away the boy at night. He further stated in 'he report that while he was going with the boy he was accused by a cyclist, who tried to stop him. In the meanwhile Ramle and Bhanta came from behind and snatched away the boy from him. They made Gulab take off his "pyjama" and underwear and took him to a well. Faddi stated in the report that he followed them and hid himself in a field nearby. After sometime he heard the sound of something being dropped into the well. He did not, however, stir out due to fear. When he peeped into the well on the next morning he noticed Gulab's dead body floating on the surface of the water inside the well. Faddi thereafter went to Marana where he consulted the legal pactioners and on their advice lodged a report with the police. Investigation was started by two police on the basis of this report. The well in which Gulab's dead body lay was "pointed out by the appellant and the dead body was taken out from the bottom of the well. It was seized under seizure memo Ex. P -5.

(3.) DR . Nigam, who held an autopsy on 22 -1 -1962 found a depressed fracture of the skull on Gulab's dead body which had, in the opinion of the doctor resulted in coma and ultimately in Gulab's death. The death had, in the opinion of the doctor, occurred 2 or 3 days prior to the 22nd of January, 1962.