J214udgement

IMAM, J. - The appellant was sentenced to transportation for life by the Temporary Sessions Judge of Aligarh for the murder of Chimmanlal aged about six years. He appealed against his conviction to the Allahabad High Court and his appeal was heard by Desai J. and Mehrotra, J. There was a difference of opinion between them, Desai J. being of the opinion that the appellant was guilty of the offence of murder while Mehrotra J. was of the opinion that he was not guilty. The case was then placed before a third Judge of the High Court and it was heard by Agarwala J. who agreed with Desai J. Accordingly, the appellant s conviction for murder was upheld and his appeal was dismissed. The High Court certified the case as a fit one for appeal to this Court.

2. It is said that Chimmanlal was murdered on or about 2-12-1950. On that date Chimmanlal had left his father s shop at about 5 p.m. to go home which was a short distance away. He, however, never reached home. His father Shanker Lal came home at about 6 p.m. and did not find him. He searched for the boy. He sought information from the appellant but got a reply the significance of which will be considered later. Next day, at abo