Judgement

RAGHUBAR DAYAL, J. : Faddi appeals, by special leave, against the order of the High Court of Madhya Pradesh confirming his conviction and sentence of death under S. 302 I.P.C. by the Additional Sessions Judge, Morena.

2. Jaibai, widow of Budhu, began to live with Faddi a few years after the death of her husband Budhu. Faddi and Jaibai at first lived at Agra, but later on shifted to Morena. Jaibai had a son named Gulab, by Budhu, Gulab was aged 11 years and lived in village Torkheda at the house of his phupa Ramle. He was living there from Sawan, 1961.

3. Gulab s corpse was recovered from a well of village Jarah on January 21, 1963. It reached the mortuary at Morena at 15 p.m. that day. It is noted on the post-mortem report that it had been despatched from the place of occurrence at 1 p.m. Dr. Nigam, on examination, found an injury on the skull and has expressed the opinion that the boy died on account of that injury within two or three days of the post-mortem examination. He stated in Court that no water was found inside either the lungs or the abdomen or the larynx or in the middle ear. This rules out the possibility of Gulab. s dying due to drowning.

4. As a result of the i