- (1.) 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)'. One gandasa and one scythe smeared with blood were lying near the corpse. I along with the Chaukidar have come to lodge a report after leaving the corpse of Chhanga in the charge of Chiranju and that the wife of Chhutanni in the charge of Chheddu Bisardar. I lodge a complaint against Chhutananni Pasi of the village, Gokaran Pasi of Tendwa and Kalika Pasi of Lachhamnpur for killing my son Chhanga. The report was read over to me. Whatever I got recorded the same was taken down. It is correct I affix my thumb impression".
(2.) Though this first information report complains of the murder of the informatant's son it contains information about the murder of the appellant's wife also. The time of the occurrence is stated in that report as "one pahar after nightfall", which would be between 8 and 9 P. M. But as the information was lodged by a illiterate person belonging to the Pasi caste and as Chhanga was decoyed at about that time, the occurrence might have taken place shortly after that time. The Sub-Inspector of Police arrived at the scene of occurrence 11 miles distant from the police station, at about 11 A. M. He sent the dead bodies for pose-mortem examination, book charge of the bloodstained earth in the field of Chandra Bhal where Chhanga is said to have been murdered and seized the gandasa (Ex. 11 and hasia) (Ex. III) from the barotha (entrance hall) of Chhutanni's house. He also prepared site plans of the two scenes of occurrence. After police investigation the three persons named in the first information report as the culprits were placed before the Magistrate holding the enquiry preliminary to their commitment before the Court of Session. Until the committal stage the case was treated as one, but the learned Sessions Judge on receipt of the commitment order decided that the case should be tried separately. Hence the charge of murder in respect of Chhanga formed the subject matter of Session Trial No. 103 of 1954 held by the District and Session Judge of Sitapur, which we shall call the first trial, and the charge of murder in respect of Gunga alias Manjhli formed the subject-matter of Session Trial No. 147 of 1954 which was held by the Temporary Civil and Sessions Judge of Sitapur, which we shall call the second trial. The judgment in the first trial is dated 14-10-1954 and that in the second is dated 18-12-1954.
(3.) The post-mortem examination of Chhanga deceased disclosed three incised wounds on the front side of the neck, and on the left and right sides of the lower jaw. On internal examination it was found the middle ribs of both sides had been fractured and the heart was reptured. According to the doctor. "Death was due to shock and haemorrhage, from the division of the main vessels to the neck in injury No. 1 by some sharp cutting weapon ......... Injuries Nos. 1 to 3 could be caused by the gandasa Ex. 11 just now shown to me. The ribs were fractured and could be caused if some one sits and presses on the chest". The post-mortem examination of Gunga disclosed eight incises wounds the most serious of which were on the front part of the neck dividing the trachea, the main Vessels of the neck on both sides, cutting esophagus, besides three other incised wounds the wound in the region of the neck with the result that, according to the medical evidence, death was due to shock and haemorrhage from the division of the main vessels of the neck by some sharp edged cutting weapon. The doctor repeated that the incised wounds could be caused by a gandasa like ex. II.;