Decided on April 18,1950

STATE Respondents


- (1.)THE accused appellant Mohammad Raffique, son of Ghaseet Khan of Jaora was convicted under Section 302, I. P. C. , and sentenced to transportation for life by the Sessions Judge Ratlam on 13. 12. 1949. The prosecution case is that accused Mohammad Raffique murdered a girl Memmona, aged 3 years on the 26th April 1949. The occurrence took place at Jaora. The first information report was lodged by Noormohammad, father of Memmona on 26th April, 1949 at about 9 P. M. Noor Mohammad went to-the Police Station and reported that his daughter aged about 3 years who was wearing silver Kadas on feet and hands is missing and the Police should make efforts to find her out. Later on, Noor Mohammad at about 10, P. M. , produced Naharkhan before the police and Naharkhan informed the police that he had seen Memmonna, the missing girl, in the company of the accused at about 6-30 P. M. on 26th April 1949. Acting on the basis of this information, the police apprehended the accused and the house of the accused was searched on 26th April at about 10 or 10-30 P. M. The girl was not found in the house of the accused. At about 11 or 12 midnight the accused disclosed to the-police that he knew the place where the body of Memmona was lying. It was lying in a well and he would point it out. The accused took the Panehas and the police along with him and he took them to a well which is near Kalali. As it was dark, with the help of kerosene light they found dead body floating on the water. The body was lifted out of the well and it was identified to be the body of Memmona, daughter of Noormohammad.
(2.)AT about 1-30 A. M. , the accused told the police that the silver kadas of Memmona were kept in his house and that he would point them out and produce them. The accused took the police and Panehas to his house and produced pairs of silver kadas. The kadas were tied in the handkerchief belonging to the accused and they were kept concealed behind a photo frame hanging on the wall. Articles P/2 and P/3 are the two silver kadas and Article P/4 is the handkerchief in which they were tied. On these facts, the accused was challaned and was committed to the Session. He was convicted and sentenced as noted above by the Sessions Judge, Ratlam.
(3.)IN this case there is no direct evidence of eye witnesses and the entire prosecution case hinges on the circumstantial evidence. There are three prominent incriminating circumstances:
(1) The accused was last seen in the company of the deceased Memmona at about 6 or 6-30 P. M. by Naharkhan and others on 26th April 1949. (2) The dead body of Memmona was shown by the accused. (3) The pair of silver kadas, Articles P/2 and P/3 were recovered at the instance of the accused and from his house; and (4) The point No. 4 taken up by Mr. Samvatsar, counsel for the accused at a later stage relates to contravention of Section 285, Criminal P. C.


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