EMPEROR Vs. KRISHNA BABAJI CHAVAN

JUDGEMENT

(1.) The accused has been convicted of the murder of his wife Mukta and sentenced to transportation for life. Mukta, who appears to have been a woman of very bad character and was reputed to have several lovers, lived with her husband, the accused, at Soni, a village in the Tasgaon taluka. Early on the morning of June 4, 1932, she was found lying dead in the angan of her house with her skull fractured. There was a heavy stone weighing thirty-eight seers lying close to the body. It was obviously a case of murder.

(2.) A witness Vithu Jayaji, Ex. 10, has deposed that as ho was passing by the accused's house early in the morning on his way to his field he heard cries in the compound and the accused came out of his house and said: "I was sleeping inside and she was sleeping outside, some one has murdered her, go and inform the Police Patel." The witness says that at that time he saw a heavy stone lying near the corpse. He went and gave the information to the Patel, who reported the matter to the police.

(3.) The Sub-Inspector arrived on the night of June 4, and, after making inquiries from the accused's relations and other persons on the 5th, he arrested the accused on the 6th. On the 7 he sent the accused to the Magistrate at Tasgaon in order that his confession might be recorded. The accused made a confession which was recorded on the 9th. It will be better to give this confession in full since it is the main foundation of the prosecution case against the accused. After the preliminary examination the accused stated as follows:- There was a quarrel between me and my wife. My wife was of very bad conduct. I and my wife were living separate in my house. I always came to hear complaints about her bad conduct. I felt much dejected. I thought I should give up this wordly life and go somewhere. Some would say that she had been in illicit intercourse with a Mang, others would say that she had been in illicit intercourse with a Maratha. In these circumstances I thought I should not show my face to any body and should go somewhere. At my village there was a marriage ceremony in the house of my relation seven or eight days ago. People would look at me and laugh. I would be ashamed. The marriage ceremony was over. The people went back to their villages. On Friday night there was a fair in the Maharwada. I had been to the garden land in the Gavadan field. I sat at the well and thought over. I was tired of my life. At 11 p. m. I returned from the garden land. I sat on a log of wood that was in front of my house. After a short while I went into the house. My wife was not in the house. She came back after an hour. I questioned her as to where she had been, She said nothing. She slept outside in the court-yard. I became desperate. I started in order that I should go somewhere, I stood near the heap of stones. I picked up a very large stone there with both hands, brought it and threw it standing near by on the head of my wife who had slept. Her head was broken. Blood oozed out. She made no movement at all nor did she raise a cry. She died instantaneously. I went into the house and slept. There was a row outside forthwith. I opened the door and cams out and sat there. A number of people had gathered. The Patil and the Talathi came on Saturday morning and made a Panchnama. The Police came.