At the time of the bethrothal ceremony on April 2, 1975, when several guests had assembled at the house of Dhondiram, for the occasion, Vijaya escaped on the pretext that she wanted to put on new bangles.
Shivaji, as has been stated, was then working with his brother Maruti Patil P.W. 26 .
It is the case of the prosecution, however, that this was really number so because when the appellant attended another wedding in the companypany of Dhondiram P.W. 9 , he remarked that while that marriage was being celebrated with fanfate, his own daughter was married stealthily.
The blood stain on the saree of Vijaya was also examined and was found to be of the same group.
The blood of the appellant was taken for examination and was found to be of A group.
They found Shivaji Ananda Dalvi there, but Vijaya had gone to the river to fetch water.
36 to bead companystable Gajanan Salokhe P.W. 17 .
It is further alleged that Vijaya and Shivaji Ananda Dalvi eloped on April 22, 1975.
It is alleged that while Shivaji Ananda Dalvi was working with Dhondiram, he and the appellants second daughter Vijaya fell in love.
He denied the allegations altogether, as well as the ownership of the axe Article 8.
She did number return and the appellant and Dhondiram gave out that she had fallen ill and had been hospitalised.
As has been stated, the appellant has been companyvicted and sentenced by the Court of Session as well as the High Court for the two murders.
The appellants wife died nearly four years before the incident.
The appellants daughter Vijaya looked after the household including her two younger sisters Sanjivani and Sunita.
All the same the appellant admitted that he came out of the room and asked Bapu Shinde as to where he should report the matter.
For about a month before the incident which has given rise to the present appeal, Shivaji Ananda Dalvi started working with his companysin Maruti Patil P.W. 26 .
19 at police station Radhanagri alleging that Vijaya was under 16 years of age and had been kidnapped by Shivaji Ananda Dalvi and that they had taken away some money and ornaments.
His companyviction has been upheld and the sentence of death has been companyfirmed by the judgment of the Bombay High Court dated July 20/21, 1976.
It has been alleged by the prosecution that immediately before the incident, the appellant went to Dadoba Sutar P.W. 14 who was a blacksmith of village Balinga, and got his axe Article 8 sharpened.
The High Court has taken the view that the appellant felt humiliated by the companyduct of his son in law Shivaji and his daughter Vijaya, referred to above, and that led to the two murders.
He used to reside in a one room tenament along with his second daughter Vijaya deceased aged about 18 20 years, his third daughter Sanjivani P.W. 2 aged about 14 years and his fourth daughter Sunita P.W. 6 aged about 10 years.
The blood stain on the under pant Article 19 of Shivaji was found to be of AB group The appellants shirt Article 1 and his nail clipping were found to have human blood stains of AB group while his half pant Article 3 was stained with blood of A group.
After their marriage, Shivaji and Vijaya started living with the appellant.
The appellant,however,settled the marriage of Vijaya with another boy.
As Shivaji Ananda Dalvi and Vijaya expressed their desire to get married, the appellant gave it in writing at the police station that Vijaya was in fact 20 years old and that as she wanted to get married to Shivaji Ananda Dalvi, he did number want to proceed further with the matter because he had number in fact lost any ornaments or money.
It was with these allegations that the appellant was tried.
Appellant Rau Chima Chougule used to reside in Kolhapur, where he was working as a skilled labourer.
She went to the loft and brought down her sister Sunita P.W. 6 She then removed the latch of the door of the room and she and Sunita went out.
It appeared as though the appellant had reconciled himself to the marriage of Vijaya and Shivaji.
The appellant, his son in law Dhondiram, Vijaya and Shivaji Ananda Dalvi thereafter returned to Kolhapur.
It has been argued by K.C. Dua that the trial companyrt as well as the High Court erred in companyvicting the appellant for the murders of Shivaji and Vijaya, and he has invited our attention to the evidence on the record.
The appellant and Dhondiram came to known on May 10, 1975, that they were both living in the house of Shivaji Ananda Dalvi at Bambarde.
His eldest daughter Vatsala alias Kalpana D.W. 1 was married to Dhondiram P.W. 9 some 6 years before the incident, and used to live near his house.
He examined his eldest daughter Vatsala alias Kalpana D.W. 1 as the only witness in his defence and she stated that her sister Vijaya was a girl of easy virtue.
Vijaya and Shivaji were married the same day, in the local temple.
Bapu Shinde P.W. 7 and Waman Chavan P.W. 8 were sleeping outside the room, in the open.
Shivaji Ananda Dalvi deceased belonged to village Bambarde of Kolhapur district, and used to work under the aforesaid Dhondiram as a tea vendor.
A wick lamp was kept burning all the while.
Shivaji used to return to the house after his daily work, at about 9 p.m The prosecution has alleged that the appellant went to Maruti Patil P.W. 16 at about 6 30 p.m. on June 11, 1975 and asked Shivaji to return to the house early, for his night meal.
The boys party therefore left the place.
The Station House Officer accompanied the appellant and Dhondiram to Bambarde.
They woke up when hey heard the cries of Sanjivani and Sunita and saw them companying out of their room.
He used to pay his daily earnings to the appellant.
Shivaji did so, and after the meal was over at about 9 p.m. the appellant and his daughter Sunita P.W. 6 went and slept on the loft of their one room tenanent, while Vijaya, Shivaji and the appellants other daughter Sanijivani P.W. 2 slept on the floor of the same room after Sanjivani had latched its door from inside.
They all then went there and brought back Vijaya and Shivaji Ananda Dalvi to the police station.
It has been alleged by the police that the appellant gave information as per memorandum Ex.
Sanjivani woke up at about 4 p.m. in the early hours of June 12, 1975, and saw that Shivaji and Vijaya were bleeding from their necks and had been killed.
They went there in a taxi to fetch Vijaya and, on the way, they recorded a companyplaint Ex.
40 a.m. and made statement Ex.
N. Shinghal, J. This is an appeal by special leave of Rau Chima Chougule who was companyvicted of an offence under Section 302 I.P.C. on two companynts, for murdering his daughter Vijaya and his son in law Shivaji Ananda Dalvi.
The Sessions Judge sentenced the appellant to death.
He took the plea that he went out to answer the call of nature at about 4 a.m. and, when he returned, he found the dead bodies of his daughter Vijaya and his son in law Shivaji lying in the room.
