DASU RAM Vs. STATE

JUDGEMENT

(1.) This is an appeal by Dasu accused against his conviction and sentence by the learned Sessions Judge, Alwar. He has been convicted under Section 411, I.P.C., and sentenced to 3 years' rigorous imprisonment.

(2.) The prosecution case is that one Azmat, a Meo boy about 11 years old, had gone on the 17th November 1949 for grazing his buffaloes in the jungle of village Chaprara in Alwar District. He was wearing a gold ear-top in each of the ears and a pair of silver bangles on the wrists. In the evening the buffaloes came back alone for Azmat did not return. A search was made for Azmat, as a result of which his dead body was found inside a well, called Alamwala well. On the dead body, however, the ornaments, which Azmat was wearing when he started for grazing the buffaloes, were not found, A written report. Ex. P A under the signatures of Ummed and thumb impressions of a Lambardar and Chhotalli Hissedar, was lodged at the Police Station, Sadar, Alwar, the same day. On the 21st November 1949, Dasu accused was arrested and at his instance the ornaments given above were found from a corner of thatched portion in his Nohara which was used for tethering the cattle of his family. These ornaments were dug out by the accused himself.

(3.) The body of the deceased was subjected to post-mortem examination, as a result of which it was found that his death was due to asphyxia.