BHAGWAN DASS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Bhagwan Dass (25) was convicted by learned Sessions Judge, Udiapur under Section 302, Indian Penal Code for causing the death of three persons Manna (35), Smt. Dhulki (45) and Heerka (25) and was sentenced to death. Bhagwan Dass was also convicted under Section 307, Indian Penal Code for causing injuries to PW Chunki (50). In view of the sentence of death, on separate sentence was imposed upon the accused for the offence under Section 307. On appeal and reference the Rajasthan High Court affirmed the judgment of the trial Court. Bhagwan Dass thereafter filed the present appeal by special leave.

(2.) The prosecution case is that Bhagwan Dass accused is a resident of village Dhol. Wardi (DW 1), the younger sister of the accused, was married to Bheru Dass (PW 5) of village Sancholi, at a distance of about four miles from Dhol. Manna deceased was the uncle of Bheru Dass, while Dhulki was the latter's grandmother. Manna, Dhulki, Bheru Dass as well as PW Chunki (50), who made her living by grazing cattle, lived together in village Sancholi. Heerak deceased lived in their neighbourhood. The relations of Bheru Dass and his wife Wardi got strained after the marriage and she used frequently to run away from the house of her husband. About two months prior to the present occurrence Bhagwan Dass accused quarreled with Manna and Dhulki deceased. Ten days after that Bhagwan Dass again came to the house of Manna and Dhulki and quarreled with them. Two or three days after that Wardi left the house of Bheru Dass and went to the house of the accused.

(3.) On the night between April 25 and 26, 1971 Bheru Dass PW was away from the house. At about mid-night hour, it is stated, the accused came to the house of Bheru Dass Manna opened the door and lit a lamp. He also arranged for a bedding for Bhagwan Dass accused. Manna and the accused then slept near each other on the Chabutari. Chunki slept on the roof, while Dhulki slept in a room which was facing the Chabutari. Shortly thereafter Chunki heard alarm. She then saw the accused stabbing Manna with a knife. Dhulki then came out of the room and enquired as to what had happened. The accused thereupon replied that Manna had taken liquor and was crying under intoxication. Immediately thereafter the accused caught hold of Dhulki, threw her on the ground and gave knife blows to her. After that the accused enquired from Chunki as to whether she was awake or not. When Chunki replied that she was awake, the accused got on to the roof, caught hold of Chunki from her hair and gave knife blows to her, Chunki raised alarm whereupon Heerka came there. Heerka enquired as to what the matter was and on being told that Chunki was being assaulted by Bhagwan Dass accused, Heerka started going to the other houses. Bhagwam Dass accused then left Chunki and went after Heerka and gave him knife blows. Chunki in the meanwhile got down from the roof and hid herself behind fuel wood at a little distance from the house. The accused thereafter went away.