Judgement

MAHAJAN J. : 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 foun