MT. SUMITRA W/O. DAULAT POWAR Vs. EMPEROR

JUDGEMENT

(1.) MT . Sumitra, Sainchi-Bhuska, Nanaji and Jangloo were tried in the Court of the Additional Sessions Judge, Balaghat, on the charge of murdering Mt. Sumitra's husband Daulat. They were all found 'guilty of murder and sentenced to death subject to confirmation by this Court. Mt. Sumitra is the sister of the appellant Nanaji. She had been married to one Kashiram who divorced her on account of her bad conduct. She then married Daulat, the deceased, of Katangi by pat. She lived with him for ten years and bore some children to him. Daulat all of a sudden disappeared since he was last seen on Wednesday, 19th July 1939, at 4 P.M. by his neighbour Dayaram Sonar. Mt. Sumitra caused a report to be written and sent to the police on 25th July 1939 through her brother Bhadu to say that Daulat had disappeared with some gold and silver ornaments and cash. That report is Ex. P.13 and it was sent to the Birsa Station House. On 26th July 1939, a report was made by the appellant Bhuska at the Birsa Station House to the effect that Daulat had been murdered at night while he was asleep by his wife Mt. Sumitra, Sainchi and Jangloo and that he was taken there by the appellant Nanaji to help in the murder but that he declined. The dead body was buried in the same house. Then Sumitra handed over some ornaments to Nanaji instructing him to pay out of their sale proceeds certain sums as rewards to the assassins.

(2.) ON the same day on which the aforesaid report was received the Sub-Inspector went to the place of occurrence. While he was locking the house of Sumitra, she escaped from the village. He arrested Nanaji, Sainchi and Jangloo and the next morning. (27th July) Sainchi produced a Kardoda (Article B) Kangan (Article C), Rs. 10, an axe (Article D) and his dhoti (Article E); Jangloo produced his dhotis (Articles F and G) and Rs. 9-4-0, Nanaji produced gold Talpa with chain (Article H), gold Padak (Article I) and Rs. 19 from under a heap of chaff. He also produced an axe (Article J) and his dhoti (Article K). Accused Sainchi pointed out the exact spot where Daulat's corpse had been buried in the house. The dead body was decomposed but the Medical Officer who made the post mortem examination was able to discover that the skull was fractured, that the fourth rib on the right side was broken and that the area of the chest was ecchymosed showing marks of contusions. On 28th July 1939, Mt. Sumitra was apprehended by Jagat Singh, the Mukaddam of Bhadgaon, a neighbouring village, and brought to Katangi. She produced a pickaxe (Article L). It was learnt that Nanaji had sold some ornaments to one Sahadin, goldsmith. On enquiry it was found that Nanaji had sold three ornaments to him and that he in turn had sold two out of them to one Umrao Seth. These ornaments were seized from both.

(3.) THIS admission is important coming as it does from one who was a next door neighbour of Daulat. It can therefore well be inferred that Sumitra was of a flighty nature, lacking in constancy and, as suggested by the prosecution, she might have got tired of her second husband. Her conduct subsequent to the sudden disappearance of Daulat, is highly significant. She had a false report, Ex. P-13, sent through her brother Bhadu (P.W.6) on 25th July 1939 that Daulat had left the place with ornaments and cash. She also told Kisna (P.W.10), Kotwar, that Daulat had run away, and Dayaram (P.W.15), her neighbour, that Daulat beat her, snatched away her jewellery and went towards Mahagaon. She produced the pickaxe (Article L) as testified by Bhondudas (P.W.9) and Madhav, the investigating officer (P.W.16). The Imperial Serologist declared it to be stained with human blood. Her absconding and subsequent apprehension are proved by Jagat Singh (P.W.11), the Mukaddam of Bhadgaon, and the investigating officer (P. W.16). This body of evidence is reinforced by her own admission, made in her statements in the committal and the Sessions Courts. She admitted in the committal Court that her husband had been murdered while he was asleep on a cot and that after the murder she had gone to her brother Nanaji and handed over the ornaments as she was in need of money. She denied having murdered her husband but clearly stated that Bhuska, Sainchi and Jangloo had killed him and that the dead body had been buried in the house. She admitted having produced the bloodstained pickaxe.