CHHUTANNI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(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.

(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.

(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.