EMPEROR Vs. DWIJENDRA CHANDRA MUKERJEE

JUDGEMENT

(1.) In this case the appellant, Dwijendra Chandra Mukerjee, was found guilty of murder by the majority of the Jury (4 to 1) and sentenced to death by the Sessions Judge of Khulna. He has appealed, and the matter comes before us also on a reference under Section 374, Criminal Procedure Code. The petition of appeal contains no less than 27 grounds based on the alleged errors of law and instances of misdirection on the part of the learned Sessions Judge. None of these, however, have been touched upon in the argument before us and it was conceded for the appellant that there had been no want of fairness in the trial. The main facts of the case are not in dispute. The deceased girl, Aparna Debi, was the second daughter of Purna Chandra Bhattacharya of Senhati. Senhati is about five miles from Khulna on the other side of the river. Purna Chandra died some time ago. Aparna was married to Charu Chandra Mukerjee of Pabla near Daulatpur. He is the Head Master of the Siddipasa High English School. At the date of her death, 12 November 1914, Aparna was about 14 years of age. She had attained puberty in the preceding Chaitra and had resided with her husband at Pabla, but at the time of her death was living in her father s house. The other inmates of the house were Satish Chandra Bhattacharji, her cousin and the present head of the family, her mother, Bidhu Mukhi, her elder sister, Charubala, her aunt, Birajmohini, Saradindu, a boy of about 12, a cousin, and the infant daughter of Satish aged seven or eight. Another aunt, Monmohini, also lived in the compound but in a separate hut. She was old and infirm and does not appear to have had any knowledge of the occurrence.

(2.) Dwijendra, the appellant, is the son of Saroda Charan Mukerjee, who resides at Senhati and is President of the local punchayet. The appellant himself was a Head Constable in the Police force at Khulna. He had a gun, a single-barrelled 12 bore breech-loading hammer gun, for which he held a license. It is in evidence that he was fond of shooting and had shot a leopard. He also shot pigs and birds. A number of cartridges were found in his house, some loaded with shot others with bullets, both lethal and spherical. Some he appears to have loaded himself, using black powder. It is also in evidence that he often carried the gun, especially at night, for his own protection. He had been employed in the Criminal Investigation Department and may have been in some danger from political suspects. He was well acquainted with all the family of Purna Chandra Bhattacharji. Purna Chandra had been the guru of his father, Saroda, and Bidhumukhi was the preceptor of Saroda s wife. Dwijendra was a frequent visitor at Purna Chandra s house, and it is said that he always treated Charubala and Aparna with the respect due to daughters of his guru. There is no evidence of anything approaching impropriety in the relations between Dwijendra and Aparna. There is evidence that there was some dispute between the family of Aparna and that of her husband about money matters, but it does not appear how far Dwijendra was aware of this. On 10th September 1914, Satish, as head of the family, had written a petition to the Khulna Police complaining of Charu Chandra s ill-treatment of his wife (Exhibit 1). This was given by him to Dwijendra to deliver, but later on he asked him not to deliver it as the matter had been settled. The petition, however, remained with Dwijendra and was found with him after the occurrence. It is also in evidence (though Satish now denies it) that Dwijendra accompanied Satish when he brought Aparna back from her husband s house. The precise date, of that is in doubt but it was either at the end of Bhadra or beginning of Assin, i.e., in the week 12th to 19th September 1914. Charu Chandra was absent from Pabla when his wife left, and it appears that his absence was secured by a bogus telegram. There is nothing, however, to connect Dwijendra with that telegram. All that can be said to be proved is that Dwijendra knew of the trouble between Aparna and her husband, and of her return to her father s house and the reasons for it.

(3.) On the evening of the occurrence, 12th November 1914, about 7 or 7-30 p. M. Dwijendra was met on the road leading from Sarada s to Purna Chandra s house by the two Kabirajs, Bejoy Kumar Sen Gupta and Hementa Sen Gupta. All were going to the north and Dwijendra overtook them. Some remarks passed between him and Bejoy as to some medicine. He was carrying a gun under his arm. He had a chadar tied round his bead, galpatta fashion, and wore a long black coat and slippers. Hementa said to him you are going out at night armed with a gun. Some accident might happen." To this Dwijendra gave no reply but passed on. The witnesses went to the house of Ambika Charan Sen, their co-sharer.