SHAMBHU Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by Shambhu Nath and Lalain, Brahmans, who have been convicted by the learned Second Additional Sessions Judge of Cawnpore, under Section 302, I.P.C., for the murder of one Bliola Brahman. Shambhu Nath has been sentenced to death, and Lalain to transportation for life. The accused and the deceased were neighbours, and belonged to a village called Manch Kalan. Shambhu Nath is aged 55 and Lalain is about 20 years, and Bliola was about 55 years of age. Bhola was murdered in his khalyan or threshing floor on the night between 4 and 5 April. The murder was discovered early in the morning and a report was lodged at the police station by the village chaukidar, who stated that the murder had been committed by some person or persons unknown, that there wore eight or nine injuries on the body of the deceased, and that the said injuries appeared to have been caused by a kanta. Investigation was commenced by the than a muharrir almost immediately, lie sent the corpse to the mortuary. The post mortem examination revealed twelve incised wounds with multiple fractures of bones, including very serious fractures of the skull. The nature of the injuries indicated that these had been caused by some sharp cutting instrument like a gandasa. The investigation was subsequently taken over by the Sub-Inspector on 6 April 1931. The accused were taken into custody almost immediately. The houses of the accused were searched and a chadar (to use the language of the police officer, who wrote out the challan) "besmeared with blood," was recovered from the house of Shambhu Nath. There were some stains upon the chadar, but the Imperial Serologist could not determine the origin of these stains as they had distintegrated.

(2.) The case for the Grown mainly hinges upon a statement of Lalain, recorded by the Magistrate of the First Glass, on 7 April 1931, under Section 164, Criminal P.C., Lalain was produced before the Magistrate from the custody of the police. He was allowed to sit near the Magistrate for about three hours before his statement was recorded. The Magistrate has certified that the statement was voluntary. The case for the prosecution is that there had been strained relations between the accused and the deceased. Some three years before the murder Shambhu Nath had contracted a liaison with a Brahman widow named Mt. Ram Dulari. Shambhu Nath appears to have advanced a small loan to Mt. Ram Dulari. He did not; demand any payment of the loan so long as his connexion with Ram Dulari continued. About two years later, Mt. Ram Dulari got tired of Shambhu Nath, and transferred her affection to the deceased Bhola. This could not but have enraged Shambhu Nath against Bhola. After this, Shambhu Nath appears to have retaliated by making pressing demands, time after time, for the return of the loan. The matter had to be referred to a panchayat. Shambhu Nath refused to abide by the decision of the panchayat and Mt. Dulari subsequently had to part with a she- buffalo towards the part payment of the debt. Here, Bhola intervened. He paid Shambhu Nath a sum of Rs. 55, and recovered from him the she-buffalo belonging to his mistress.

(3.) On certain occasions, a few days before the murder, Shambhu Nath appears to have gone to the house of Mt. Ram Dulari, with a view, to renew his old connexion with her, but he had a bad time Mt. Rani Dulari gave him a cold shoulder and Bhola threatened him with violence.