SHEOBALAK PRASAD Vs. EMPEROR

JUDGEMENT

(1.) THE learned Sessions Judge has found that the appellant Sheobalak Brahman, a lad of about 16 years, murdered Babadin, a Banya boy about 9 years old and has sentenced the appellant to death.

(2.) THE main facts found by the learned Sessions Judge, who has devoted proper attention to the consideration of the prosecution evidence, are as follows : On the morning of Tuesday 22nd February 1927, Babadin, who wore ornaments worth about Rs. 64, took the cattle to the kharga in order to deliver them to the village grazier. Mangulal, P.W. 20, Babadin's father, went to the kharga with another cow and noticed Sheobalak at the kharga. Sheobalak and Babadin subsequently went to the house of Mt. Bitti, P.W. 4, where Sheobalak purchased some guavas. Babadin returned to his parents house at about 9-30 a.m. and told his mother that Sheobalak had given him guavas to eat and had promised to give him some more. His mother told him not to go back to Sheobalak. Her reason for doing so may have been that mealtime was approaching. She then went to the tank to bathe. Mangulal read for about an hour and then took his food. While doing so, he asked his wife where Babadin was. She said she would look for him and she and Mangulal inquired at the neighbouring houses. Mt. Bitti, P.W. 4, told Mangulal of the sale of the guavas and at about 2-30 p.m. Mangulal went to the house of Sheobalak. Sheobalak said that the boy had left him after eating guavas and he had not seen him again. The search was continued and Mangulal heard that two girls had seen Sheobalak and Babadin going towards Bhaislotan. After receipt of this information the jungle was searched. Next morning Mangulal sent a report, Ex. P-1, to the police. The search was continued and the body of Babadin was found in a nala in the jungle. All the ornaments excepting the earrings had been removed. Chunnilal, Sub-Inspeator of Police, P.W. 22, states that Baura, P.W. 8, brought the first information report, Ex. P-1, at about 8 a.m. on 23rd February 1927. This report mentions that the boy had been seen going with Sheobalak towards Bhaislotan by the daughter of Deonath and a girl of Bhadora., When the body was discovered, Mangulal asked Gulab Kotwar P.W. 7, to report the discovery to the police. Chunnilal, P.W. 22, got Gulab's report, Ex. P-2, recorded at about 11 a.m. He was camping at mauza Earhani and sent both the reports, Exs. P-1 and P-2, to the police station of Marwahi. Chunnilal proceeded to the spot where the body was and held an inquest. There were two wounds on the head. The body was then sent for post-mortem examination. Chunnilal then went to the house of Sheobalak and seized the shirt he was wearing as it appeared that it was stained with blood. This shirt was subsequently sent to the Imperial Serologist who reports that it is stained with human blood. Sheobalak then told the Sub-Inspector that he had given the ornaments of Babadin to his servant Gora. Gora was sent for and he dug up the missing ornaments from a field outside the village.

(3.) THE appellant's counsel urges before us that there is no direct evidence against his client and that since Sheobalak is not a pauper, the obtaining of the ornaments was not a sufficient motive for the commission of the crime. He argues that the evidence regarding Sheobalak's statement about the ornaments is inadmissible. We shall deal with this argument later and shall first consider the remainder of the evidence.