CHHOTKA Vs. STATE

JUDGEMENT

(1.) Three persons, Pannalal Ganguly alias Ganguly alias Chhotka, Shyama Charan Das alias Shyama and Nero alias Dulal Chandra Das alias Panja were tried upon a charge Under Section 302/34 I. P. C. before an Addl. Sessions Judge, 24 Parganas, sitting with a Jury. By a unanimous verdict the Jury found Shyama and Nero not guilty and found by a majority of 7 to 2 the accused Chhotka guilty of the offence of murder. In agreement with these verdicts the trial Judge acquitted Shyama and Nero and convicted Chhotka of murder and sentenced him to death. The condemned prisoner has preferred an appeal. The trial Judge has made a Reference which he was required to do in accordance with the provisions of Section 374 Cr. p. C., for confirmation of the sentence of death. The appeal and Reference have been heard together. They are disposed of by this judgment.

(2.) The deceased Bhutnath Haldar alias Bhuto lived in a bustee at 54 Tollygunge Road with his mother Mati Bewa and his wife Manada Dasi. Mati Bewa was the owner of the bustee. Bhuto appears to have been a dissolute young man and was seen to associate with the three accused persons in the locality. There was a prostitute named Kachi who, at one time, was in the keeping of a man called Mahabit. Mahabit happened to be incarcerated and this gave opportunity to accused Chhotka and the deceased Bhuto to pay attentions to her. They became rivals and soon fell out. Chhotka appeared to have been complaining that Bhuto had been responsible for keeping Kachi out of his way.

(3.) The case for the prosecution was that about a fortnight prior to the date of the occurrence which was 10-9-1956, the accused Chhotka presented himself, knife in hand at midnight at Bhuto's house and demanded restoration of Kachi under pain of retaliation by way of murder of Bhuto. Next morning accused Chhotka repeated his visit in front of Bhuto's house still carrying a knife in hand.