A dead body is not a person, and therefore removing ornaments from a dead body is not taking ornaments out of the possession of a person. Such an act amounts to dishonest misappropriation of property possessed by the deceased and is an offence under Section 404 of the Indian Penal Code.

( 1 ) THE Additional Sessions Judge Bhilsa convieted the accused under Section 302 indian Penal Code and sentenced him to life imprisonment. He also convicted the accused under Section 394 read with Section 397 I. P. C. and sentenced him to 7 years rigorous imprisonment. Both the sentences were to run concurrently. Aggrieved by his convictions and sentences the accused has filed this appeal.

( 2 ) THE victim in this case is Batton, a boy aged about 7 years. His natural father harikrishan had given him in adoption to Halku P. W. 1. At the time of the occurrence, Battan was living with his adoptive father in village Bagri. The accused balla was also a resident o the same village. Since the accused and the boy (Battan) be lived in the same village, they got friendly. The accused Balla owned a vegetable-farm situated on the outskirt of the village. On 24-2-57, before noon, battan visited the field of his adoptive father, who at that time was carrying on winnowing operations. The boy then was wearing a coat and had a cap on his head, besides two golden Murkies, silver bangles and two anklets. It is said that from the field of his father Battan went towards the accused who was of is farm collecting brinjals. About that time Halku asked Shyamlal P. W. 2 (his servant) to bring bullocks from the grazing field so that the corn may be thrashed. Shyamlal went to the grazing ground where he met the accused Balla and also Battan. Shyamial asked Battan to come along with him and help him in taking the bullocks to his father's field. The young boy (Battan) refused to go with Shyamlal and told him that he would rather assist his friend Balla, in collecting brinjals at the farm. A few hours after this, Halku's wife (adoptive mother of Battan) came to Halku and enquired about Battan who had not been to the house to take his noon-meal. Halku told his wife not to worry about the boy who must be playing somewhere. As the evening approached, and, Battan did not turn up, they naturally became anxious. They told Laxminarayan, who was the Muk-kadam of the village about the disappearance and thereafter the whole village was astir and a vigourous search was made for the missing boy. They also asked the accused Balla about battan, but he denied knowledge of his whereabouts. When the search yielded no result, a report was ultimately made at police station. Bhilsa, the following day (Ex. P1 ). The Police Officer reached the village at about 6 P. M. , and in the course of his investigation he also questioned Balla. the accused. The accused is said to have told the Police Officer in the presence of other villagers that he had strangled the boy and buried his body in a Nalla which was about a mile from the village. The accused led the Police Officer and the withesses to the nalla where he dug out some earth and brought forth the body of the deceased from a pit. A rope was found tied to the neck. The following morning at. the instance of the accused, Murkies, silver bangles and anklets of the deceased were al o recovered from the vegetable-farm of the accused. The accused appears to have told the Police that he the with' coat and the cap in a well. But no discovery of those articles was made, and the efforts of the Police in that direction resulted in blank.

( 3 ) THE evidence in this case against the accused mainly consists of (1) persons who saw Battan with the accused on the fateful day, (2) the discovery of the body, (3) discovery of the ornaments, the boy was wearing, at the instance of the accused, (4) his confession before the Magistrate and (5) the admission of his guilt which he made before the Committing Magistrate. I proprose to examine the evidence referred to above.

( 4 ) SHYAMLAL P. W. 2 has deposed that on the fateful day, he saw the accused and battan together near the vegetable-farm known as Bhatoi. Parma P. W. 7 says that he saw Battan in the vegetable- farm.

( 5 ) THERE is ample testimony on the record, which is not challenged