- (1.) KADARNATH , the appellant accused, has filed this appeal challenging his conviction ordered by the learned Additional Sessions Judge, Ajmer, under Section 302 and Section 377, IPC. The appellant has been sentenced to life imprisonment with a fine of Rs.000/ - and in default of payment of fine, to rigorous imprisonment for one year under Section 302 IPC, and under Section 377, IPC he has been sentenced to rigorous imprisonment for three years and a fine of Rs. 1,000/ - and in case of default of payment of fine, to further rigorous imprisonment for six months.
(2.) ONE , Aryaneder alias Suman of Ajmer, young boy of 13 years of age, went out of his home along with the accused -Kedar in the evening of 24 -6 -75 at about 5.30 p.m. telling his mother that he would be returning after 10 minutes. However, he, as the ill -luck would have it, never returned back. Daramsingh, the father of the deceased, when returned from the dispensary, was asked by his wife to search about Suman. Dharamsing made a search but could not find his son Suman. Suspecting that the boy might have met with some accident and might be lying in the hospital, at about 2 -00 a.m. in the night Dharamsingh went to the Jawahar Lal Nehru Hospital, Ajmer, but could not get any information. At about 5 a.m. he went to the house of Kedar who told him that Suman was not with him. Dharamsingh alleged to have come disappointed from all possible places where in the circumstances, the boy -Suman, could have been found or, the information could have been known. At about 6 a.m. Yogendra Singh the neigbour of Dharam Singh, came to him and asked him to come with him and, Yogendra Singh took him to Kaisar Ganj Crossing where there was a well and near that well the dead body of Suman was lying wrapped in a bed -sheet. Dharamsingh recognised him as his son and took him to the nearby private Pr. S.P. Sen, where the doctor made unfortunate pronouncement that he was no more alive and he was dead. Dharamsingh brought the dead body to his house first and then he went to the police station to lodge a report. There were injuries on the body and the blood was coming out of mouth, the police registered a case under Section 302, IPC, and started investigation.
(3.) THE post mortem conducted by the doctor revealed the following injuries on the person of Suman. External appearance: Tonga inside teeth, white froth was coming out of nostrils. Rigor -mortis not present. Cyanosis present on face. Post mortem staining on the back. Body well built, not decomposed, Injuries: (1) Abrasion on dorsum of all toes of right foot 1' x 4'; (2) Abrasion 3' x 1/8' in right wrist. Shoe -horn shaped; (3) Abrasion 1' x 4' on posterior side of neck lower part; (4) Abrasion 4' x 1' on back of left shoulder; (5) Abrasion 1 -1/4' x 1 -4' on right and left shoulders; (6) Abrasion 6' x 1' in upper half of neck irregular; (7) Abrasion 5' x 1' irregular extending right angle of mouth to angle of right mandible and to right side of neck; (8) Abrasion of right cheek 1' x 1 -1/4'; (9) Abrasion 1/4' x 1/4' on tip of nose; (10) Abrasion 1' x 1/8' each on right and left nostrils; (11) Bruise of both lips on alveolar surface. Internal Injuries: Thorax: Larynx and sraches -healthy and congested. Slight froth present; Right Lung: Codomatous, swollen and congested; Left Lung: Oedematous swollen and congested; Heart: Right and left vantricals found empty; Rest all were found healthy and no abnormality was detected except mentioned above; Abdomen - -Stomach and its contents Preserved for examination. Watery fluid about 2 ounces present Lever, spleen and kidneys preserved. Bladder found empty. Organs generation: external and internal healthy. Ano rectal swab and two somars preserved for detecting semen. Right and left pupils were found dilated. ;