BHAGWAN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Bhagwan Das (25) was convicted by learned Sessions Judge, Udaipur 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 Das was also convicted under Section 307 Indian Penal Code for causing injuries to Chunki (50). In view of the sentence of death, no separate sentence was imposed upon the accuse 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 (DWI) the younger sister of the accused was married to Bheru Dass (PW 5) of village Sancholi at a distance of about four miles from Dnol Manna deceased was the uncle of Bheru Dass, while Dhulki was the latter's grandmo her. Manna Dhulki, Bheru Dass as well as PW Chunki (50), who made her living by grazing cattle, lived together in village Sancholi Hetrka deceased lived in their neighborhood. 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 quarrelled with Manna and Dhulki deceased Ten day, after that Bhagwan Dass again came to the house of Manna and Dholki and quarrelled 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 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 nearby each other on the Chabutari Chunki slept on the roof, while Dhulki slept in a room which was facing the Chabutari. Shrotly 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 bad 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 sue 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 & gave knife blows to her Chunki raised alarm where upon 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 house. Bhagwan 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.