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 without a household assistant prevailed upon his wife and Chhanga to come back to his home on the promise, it is said, of leaving his property by will to both of them and of sharing his wife with Chhanga.

In pursuance of the promise he executed a will bearing date November 3, 1953, bequeathing his property to both of them. He is even said to have shared his wife s bed on alternate nights with Chhanga. At about 7 O clock in the morning of 18-1-1954 Chhanga s father, Mansukhi, lodged a first information report at police station Biswan, district Sitapur, which was recorded in his own words. That information set out in a nutshell the whole prosecution case and may therefore be reproduced as follows

"I live in village Dhaukalgaj. My son Chhanga was in the service of Chhutanni Pasi of the village, son of Maiku for the last three years. Chhanga contracted illicit intimacy with the wife for Chhutanni. Three months ago he abducted her away. A forthnight after the abduction Chhutanni brought back his wife and my son after beating and said to Chhanga, you live in my house as master. My wife shall cook food and both of us shall eat. She would live one night with me and one night with you in your house (turn by turn). I shall have all my property bequeathed in your favour and in favour of my wife.

Chhutanni executed a will in favour of both in the Panchayat of Dhaukalgaj. Whatever Chhuttani had said the same was being acted upon. Yesterday one pahar after nightfall Chhuttani took Chhaga from my house saying that they would bring wood from Murkatta.

My son Vishwanath had gone to look to his Bambhiha field in the same direction. He heard Chhaga shouting Run, Chhutanni and Gokaran, etc., are killing me. My son Vishwanath ran up to his raising alarm. Lalji Sonar Razzaq Pathan and Chhunni Kalwar of the village who had gone to see their fields ran up and raised alarm and saw Chhuttani, his son-in-law Gokaran and his brother-in-law Kalika assaulting Chhanga after felling him down and running away. Chhutanni was holding a gandasa.

Seeing the Chhanga s neck was cut and bleeding and that he was unable to speak Vishwanath sent for me through Lalji Sonar. Then I and my son Chiranju along with Lalji Sonar went to Mukatta and saw Chhanga cut by the neck and dead. The cap of Chhutanni was found lying at the same place which I have brought. I file the same. When I brought the corpse of Chhanga to the door of Chhutanni, Ram Narain Brahman. Bhagwan Din Brahman, Duiney Pasi and other person of the village met me at the door of Chutanni and told me Chhutanni and Gokaran ran away after cutting Mahjihli wife of Chhutanni. On the alarm being raised we and others came up and saw (the occurrence) and on our arrival and reprimanding Chhutanni etc., ran away by jumping over the wall (danrwaz) .

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