Judgement

SINHA, J. : The appellant Chhutanni has been condemned to death in two separate trials for the murder respectively of his wife, Gunga and his cousin, Chhanga. Gunga was aged about 40 years according to the medical evidence and about 50 years according to the defence, which seems to be nearer the truth as she was the mother of three daughters who are all married, the second daughter daughter having been married to Gopkaran Pasi and having a child aged about five years.

Gorkaran is also said to have joined his father-in-law, the appellant, in murdering both Gunga and Chhanga. The deceased Chhanga was aged, according to the prosecution, about 28 years, and according to the defence, about 20 years. It appears that the appellant Chhutanni having no son of his own, inducted Chhanga into the family more as a member than as an employee, though his father would make it out that he was in the appellant s service.

Between Chhanga and Gunga an illicit intimacy appears to have developed with the result that one months before the date of the occurrence, i.e. 17-1-1954, Gunga left her husband s protection and house and went away with her paramour Chhanga. The old man finding himself withou