EMPEROR Vs. HARDWAR SAH

JUDGEMENT

(1.) The appellant, Hardwar Sah, has been sentenced to death for the murder of his mistress Musammat Zainab, the daughter of a woman named Musammat Killia. The mother, Killia, is a prostitute by profession who more recently, being advanced in years, has lived mainly on the earnings of her daughter, Zainab, During 1933 Musammat Zainab was kept by a Brahman named Ramautar Tewari, who describes himself as a seller of ornaments for sonars, but who also appears to work as a purohit. After that she was kept by the appellant, Hardwar Sah a bania of Chapra. He at first kept her at her mother's house, paying the mother Rs. 20 monthly for Zainab and Rs. 6 for the rent of the house. At some time early in 1935 Hardwar Sah took Musammat Zainab to his own house, where he lived with his wife, undertaking to pay Rs. 10 monthly to Musammat Killia. She says that he paid her for two or three months, and then ceased to make payments; and that when she went to his house to demand payment of the arrears she was rudely rebuffed. However that may be, at about the end of the third week of last September Musammat Zainab left Hardwar Sah's house and returned to her mother's house at Chapra, saying that she had quarrelled with the wife of Hardwar Sah and that Hardwar Sah had beaten her and his wife as well. The former lover Ramautar Tewari then appeared and advised Musammat Killia to take Zainab to a house which she had in the country at Chaumukha, saying that otherwise Hardwar Sah would do Zainab some injury ; so in the afternoon Musammat Killia went to Chaumukha taking with her Zainab together with her granddaughter Tuntun, her grandson Tota and her servant. Rangi. It is said that on that night Kamautar Tewari came out to Chaumukha, where he slept with Zainab, and that on the next day Hardwar Sah came to Chaumukha endeavouring to persuade Zainab to return with him to Chapra.

(2.) According to some of the witnesses who gave evidence at the trial, Hardwar Sah on this occasion said that if Musammat Zainab would not return he would take her life and his own. She refused to return with him ; and on that night there was a quarrel between them which attracted some attention from outsiders. Hardwar Sah returned to Chapra alone on the following morning. On September 29 or 30, Hardwar Sah again went to Chaumukha, where he is said to have come across Zainab in the bazaar and to have attempted to take her away by force, which was prevented by the people about the bazaar. It is said that on this occasion again he said that if Musammat Zainab did not come with him he would take her life and end his own. If we accept the evidence of Sarju Prasad, a poison-vendor who gave evidence at the trial, Hardwar Sah before he went to Chaumukha on this occasion bad purchased 8 annas weight of arsenic which should be 99 grains. Hardwar Sah stayed at Chaumukha for three or four days, and it was agreed in the end that Musammat Zainab should live at Killia's house in Bhagwan Bazaar at Chapra, and that Hardwar should visit her there and pay a certain amount to Killia. The party then returned from Chaumukha to the house in Bhagwan Bazaar which Hardwar Sah visited every night. On the night of October 3, Hardwar Sah and Ramautar Tewari met near the Bhagwan Bazaar liquor shop in Chapra where they quarrelled and fought. The fight was stopped by the Assistant Sub-Inspector Bhubaneshwar Singh who is said to have subsequently accompanied Ramautar Tewari in search of Zainab to the house of Musammat Killia and to that of Sheikh Nazir who is married to Zainab's sister.

(3.) We now come to the occurrences of October 10 and 11. According to the poison-vendor, Sarju Prasad, Hardwar Sah on October 10, purchased another 99 grains of white arsenic. The account of the events which followed rests upon the evidence of Musammat Killia and of the members of her family. Hardwar Sah is said to have slept on the night of the 10 with Zainab. It appears that when he left her on the morning of the 11 she was suffering from some pain in her stomach which was attributed to flatulence. Musammat Killia says that in the morning she purchased sweetmeats for a pice which Zainab ate, and that at midday Hardwar Sah came back. Hardwar Bah gave two annas to Tota, Killia's grandson, whom he sent out for some rasgoolla and kachauri which Hardwar Sah offered to "Zainab. Zainab would not eat it, apparently because she was feeling unwell; and Hardwar Sah then gave Zainab some "white powder to lick saying that it was medicine. Tota Nut when he was examined by the Deputy Superintendent of Police said that Hardwar Sah when he arrived brought with him a yellow packet of paper which he. said contained medicine for relieving stomach-ache which may possibly be true. Killia says that Zainab was attacked by severe vomiting while Hardwar Sah was with her and that he then went away saying that he would bring her medicine. Zainab's condition rapidly be-came worse, so that Musammat Killia, at some time in the afternoon, sent Tota to Nazir Mian, telling him to call Dr. Haridhan Bose. Tota and Nazir went to the house of Dr. Haridhan Bose, but he could not be found. At about 10 o clock "that night Tota was again sent to Nazir Mian, who came to the house; and then set out to bring any doctor whom he could find. He brought Dr. N.R. Bose who arrived at the house at about 11-30 p. m. The doctor diagnosed the case as one of poisoning, and said that Musammat Zainab must be taken to the hospital. He took her to the hospital in the car which had brought him to the house, taking up a constable who happened to be outside and sending another constable to the thana to give information of this case of suspected poisoning. Dr. Bose made over Zainab to the dresser of the hospital.