SHEO DINA Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by Sheo Dina, Kachhi, who has been sentenced to death under Section 302, I.P.C., by the learned Sessions Judge of Banda, and there is also a reference for confirmation of that sentence. The person alleged to have been murdered is Mt. Bari Bahu, the mother-in-law of the accused. She lived at Ajnar where there is a police station and the accused Sheo Dina lives at Ari, a village two miles from Ajnar, with his wife Mt. Bhaoni, daughter of Mt. Bari Bahu. It is common ground that on the 23 June 1932, Mt. Bari Bahu and her daughter started to go from Ari to Ajnar. The daughter had become ill and had sent for her mother to take her to her mother's house. It is alleged by Mt. Bhaoni that the accused was unwilling to let her go. It is also common ground that on the night of the 23 of June at 9 p.m., Mt. Bhaoni and Sheo Dina were taken out of a well which is half way between these two village? and is situated, in the fields of the village of Khoi. They were taken out by the villagers of Khoi. The representation made to the villagers who took them out was that they had accidentally fallen into the well and it was also stated that Mt. Bari Bahu had fallen in and that she had been drowned. Accordingly at 9 p. m., on that night a report was made at the thana by Ganwa chaukidar, who was the chaukidar both of Ajnar and of Mouza Khoi. His report was in accordance with the information which had been given that Mt. Bari Bahu had been accidentally drowned. In the report he did not make any mention of the accused and his wife having been both taken out of the well and the report indicates that only Mt. Bari Bahu fell into the well and was drowned.

(2.) The order given on this report was that as this was a panchayat village the chaukidar was directed to make a report for the completion of a formal panchayatnama. learned Counsel objected to this procedure as not being in accordance with Section 174(4), Cr.P.C., but we have ascertained that the procedure was in accordance with the rules of 16 December 1925, Rules 34 and 35 of the rules under Section 75 of the United Provinces Village Panchayat Act, Act 6 of 1920. The procedure, therefore, was perfectly correct. The panchayat took place next morning and the dead body of Mt. Bari Bahu was taken out of the well and the panchas found that there were seven injuries inflicted by a hatchet on the head of the corpse and a report was made in the thana at 9 a. m., on the 24 of June to this effect stating further that Sheo Dina accused had murdered Mt. Bari Bahu on account of her loose character. It also appears that an inquest was held by the police after this under the provisions of Section 174(4), Cr.P.C. This is stated in the evidence of Uma Shanker, head constable, who was then second officer, p. 25, line 41. The statement of Mt. Bhaoni was recorded by a magistrate under Section 164, Cr.P.C., on the 26 of June and the statement which she then made was consistently made by her in the Court of the committing Magistrate and in the Sessions Court. She stated that her husband overtook her and her mother and suggested that they should have a drink of water at the well in question. Mt. Bhaoni refused saying she was not thirsty. The accused then said, "Draw water and give me to drink". The accused had a hatchet in his hand and he assaulted Mt. Bari Bahu and inflicted six or seven wounds with hatchet. He then threw the deceased into the well, and pushed Mt. Bhaoni into the well also and said. "You also go and die with our mother." Mt. Bhaoni clung on to the side of the well and her husband got into the well and proceeded to push her down under the water intending to drown her. She said to her husband that there would be no one to look after her small daughter if she had been drowned and her husband then said that he would not kill her if she would swear on the head of her daughter that she would not tell what happened, and say that they had fallen into the well accidentally while drawing water. At this stage people came up and she and her husband shouted out and they were taken out of the well.

(3.) Her story has not been taken down very clearly by the Magistrate on 26th June as he records. "I told those men the whole story of killing my mother". learned Counsel for defence has argued that the words "those men" refer to those men who took her out of the well, but she also states in the line below. "Then those persons took both of us to Ajnar police station". The taking to the police station was on the morning of the 24 of June and the Magistrate has not clearly recorded whether the witness meant to refer to the persons who took her on the morning of the 24 or persons who took her on the evening of it he 23rd, when she says that she told certain person the whole story of killing her mother. We do not think that there is any contradiction established by learned Counsel on this point. The story of Mt. Bhaoni is corroborated in certain details by the evidence of the witnesses Ganwa chaukidar, Pula, Tanta and Gaya Prassad sarpanch who said that next morning there was a hatchet found close to the well, and this hatchet has been identified as the hatchet of accused by Ram Sahai,. the chaukidar of the village of the accused. This witness states that the accused left the village with the hatchet in his hand on the day in question. The statement of Mt. Bhaoni was made on the 26 of June under Section 164, Cr. P.C, in which she described the injuries as having been inflicted by a hatchet or axe. The medical examination was made on the same day, 26th. June, and the medical examination also confirms the evidence of Mt. Bhaoni, as the medical witness states in his deposition on p. 15 that in his opinion the six incised wounds could have been caused by some blunt and heavy sharp-edged weapon such as an axe. There was also a contusion in the middle of the forehead and a fracture of the right temporal bone. This was under one of the external injuries which was an incised wound. The medical witness was cross-examined with a view to show that the injuries might have been caused "if the well had sharp-edged rocks under the water" and the deceased fell into it. The medical witness stated: All the seven injuries could not be caused all at once by one fall as they are situated in different parts of the head. In my opinion looking at the nature of all the injuries I can say that it is not possible to have such injuries by a fall. I say so because the injuries are incised wounds.