- (1.) The appellant was tried for the murder of two boys, Tek Chand and Rup Chand, aged 7 and 5 years respectively, by administering poison to them on 18-2-1950 at Ballabgarh. He was acquitted by the Sessions Judge of Hissar but on appeal by the State Government was convicted by the High Court of Punjab and sentenced to death. Hence this appeal by him under Article 134 (1) (a) of the Constitution.
(2.) On the afternoon of 18-5-1952 these two unfortunate boys went to witness a snake charmer's show in front of the house of one Shambu Dayal. It is alleged that there Puran, the appellant, made them eat some 'Churan' which contained poison. When the boys returned home the elder one started having convulsions and his mother, Ram Kali, sent her daughter, Bimla, to call her father, Mulchand, from the post office, where he is employed as a telegraph peon. Her cries attracted Tribeni Pershad, Mulchand's brother, also to the place; as soon as Mulchand arrived, he went to fetch medical aid. The first person to arrive at the scene was homeopath, Dr. Gian Chand. He diagnosed that the boy was suffering from epileptic fits and went to his shop to fetch medicines. On his return he found one Sohanlal, Vaid, at the house. Both of them gave some medicines to the boy. The younger boy Rup Chand also began to show signs of having convulsions. Gian Chand then asked Mulchand to send for other doctors, and Dr. Ram Parshad and a vaid, Uma Datt, came. Tek Chand was dead by then. The doctor treated Rup Chand with salt water and gave him enema but the treatment had no effect. Then he asked Chamanlal compounder, who was standing there, to bring a tube for washing the stomach as he suspected the case to be one of poisoning. Chamanlal left the place but did not return soon. The doctor himself went to get the tube and on reaching the Civil Hospital, he wrote out a report to the police and returned with the tube but by then Rupchand had expired.
(3.) The report from the doctor was received by the head constable Rameshwar Das and he registered a case at 5. 45 P. M. and proceeded to the spot and prepared the inquest report which was finished by 9-30 P. M. Puran was arrested at 10 O' clock that night, and after investigation, was challenged for the offence of murdering the boys.;