There is also the evidence of the father of the respondent to the effect that on that night the respondent was with him at the clinic where he was being treated for insecticide poisoning.
PW 2 Leela Singh and PW 3 Jaswant Singh who were residing in the neighborhood.
And that inflicting as many as fifteen incised injuries on one of his daughters and about six incised injuries on each of his two other daughters.
The version PW 2 and PW3 that both of them had scaled a 15 high wall after crossing over the roof of the neighbour Binder Singh, entered the house of the respondent stealthily, and had witnessed the crime was disbelieved by the High Court.
This evidence does number inspire companyfidence and has been rightly rejected by the High Court.
The defense has stressed the importance and implication of the circumstance that the son of neighbour Bir Singh had murdered the elder brother of the respondent on account of enmity and had even been companyvicted for that offence.
The ghastly murders and the brutal manner in which six members of the family have been wiped out are suggestive of Vendatta against the family and number against individual members of the family.
Bir Sing himself had been prosecuted in companynection with the very same offence though ultimately he had been acquitted by the Court.
Surely respondent was number waiting for PW 2 and PW3 before launching on the murder spree.
The edifice, of the prosecution case was built entirely on the evidence of two alleged eye witnesses, viz.
P. Thakkar, J. Whether the respondent original accused was guilty of the offence of murdering his sister in law, her two minor daughters, as also of murdering three minor daughters of his own at his own house at about 4.00 A.M. on the night between August 19 and 20, 1974 is the question which has been answered in negative by the High Court.
