DEWAN CHAND Vs. STATE

JUDGEMENT

(1.) THE four accused appellants were convicted on a charge of murder of the wife of the accused Dewan Chand punishable under Section 302/34 Indian Penal Code in an open shop verandah by read side in Bhawanipatna town on the night of March 10-11-1963 and were all sentenced to imprisonment for life. The four accused persons are intimately connected with one another in the manner hereinafter stated. The motive for the murder is apparently frequent quarrels between accused Dewan Chand's wife deceased Kartar Kuar land his concubine the accused nila Goudari.

(2.) THE prosecution case is this: The accused persons are all residents of bhawanipatna town. The deceased, a lady of 55 years was the married wife of accused Dewan Chand. Accused Nila Goudani is said to be Dewan Chand's concubine for the last 12 years. Accused Nabin Goud is the son of the accused Nila goudani by her former husband. Accused Krushna Gouda is accused Nila's foster brother. Dewan Chand was running a shop near a cinema house in a room of the house of P. W. 1 Atma Singh let out to him. The shop had an open verandah in its front by road side. Dewan Chand, Nila and the deceased used to sleep together in the shop house. About 15 days prior to the occurrence they had shifted to a house newly constructed by Dewan Chand which is at a distance of about a furlong from his shop. After this shifting, the deceased however used to sleep at night alone in the verandah of the shop house; Dewan Chand and Nila used to sleep in the new house. It is said that Nila and the deceased were very often quarrelling and Dewan chand used to ill-treat and assault the deceased. Then ultimately what happened on the fatal night ending with the murder of the deceased, in the manner it was done by all the accused persons herein is stated as hereinafter follows:

(3.) ON the night of March 10, 1963 the deceased wife as usual was sleeping alone on the verandah of the shop house. At about 2 A. M. the same night the concubine accused Nila Goudani called his son Nabin and foster brother Krushna; the three along with Dewan Chand went to the shop house where the deceased was sleeping. The prosecution case is that at the direction of Dewan Chand his concubine the accused Nila tied a piece of cloth in the mouth of the deceased; the other two accused Nabin and Krushna caught held of her hands and legs respectively; Dewan Chand gave several blows with a tangia on her bead, face and chest as a result of which she died instantaneously. It is said that accused Dewan chand covered the dead body with a piece of cloth and made over the Tangia to nabin to keep the same after fixing a new handle to it. Thereafter the four accused persons left the scene of the murder, as seen by some witnesses hereinafter discussed.