MT. BHUKHIN W/O. GAJRAJ Vs. EMPEROR

JUDGEMENT

(1.) THIS judgment will govern the disposal of Criminal Appeals Nos. 94,145 and 146 of 1947 and Criminal Reference No. 29 of 1947. These proceedings arise out of the same sessions trial.

(2.) FOUR persons were tried for murder. They were charged under Section 302 read with Section 34, Penal Code, for causing the death of Gajraj Raut on 7th July 1946 at Karma in furtherance of their common intention by giving him poison mixed in food. Mt. Bhukin was also charged under Section 302, Penal Code, for causing the death of her husband Gajraj. The other three accused were charged for abetment of murder under Section 302 read with Section 109, Penal Code, in addition to the charge under Section 302 read with Section 34, Penal Code.

(3.) THE prosecution case briefly stated was as follows. Malikram frequently visited the house of Gajraj who suspected that he was carrying on criminal intrigue with his wife Mt. Bhukin. Due to this suspicion he used to beat her. On 9th April 1946, the Ramnavami day, there was a serious quarrel between them and. Gajraj gave a severe beating to his wife Bhukin. When Malikram subsequently turned up, Gajraj, abused him and threatened to kill him. Due to this threat Malikram did not visit the house of Gajraj for two months. Gajraj suspected that Bedmati was a procuress and that at her place Malikram used to meet Bhukin. Gajraj had also threatened to kill Bedmati. Bhukin got nervous and sought the advice of the other three accused. Bulthu stated that he had some medicine and suggested that she might give it to her husband. A conspiracy to murder Gajraj was formed between all the four accused on Thursday, the 4th July 1946. on Sunday, the 7th July 1946, in the evening Bulthu brought some poison and handed it over to Bedmati who gave it to Bhukin and directed her to mix it in cal and. give it to her husband. As Bhukin had no cal it was supplied to her by Bedmati. Bhukin mixed the poison in the cal as directed and served' it to her husband when he, took his meal oa Sunday, the 7th July 1946, in the night. After taking his meals Gajraj went to sleep. Gajrajgot up at midnight, complained of pain in th& stomach and had a few vomiting and purging. He died in the early hours of the morning of the 8th July and was buried the same day.