The Sub Inspector found the three dead bodies lying at the place of occurrence.
Dhulki 45 and Heerka 25 and was sentenced to death.
Heerka deceased lived in their neighbourhood.
Manna opened the door and lit a lamp.
At the trial the accused denied the prosecution allegations against him about his having caused injuries to the three deceased persons as well as to Chunki P.W. The accused admitted that he had injuries on his person and that his Dhoti and Baniyan were stained with blood.
The accused thereafter went away.
The accused thereafter got recovered the bush shirt and the knife.
Chunki raised alarm where upon Heerka came there.
The accused also disclosed that he had kept the knife at the house of Patwari Jodh Singh of his village.
Manna deceased was the uncle of Bheru Dass, while Dhulki was the latters grandmother.
His Dhoti and Baniyan were found to be blood stained and were taken into possession.
The other defence witness was Smt.
Ganga who deposed about her having filed an application alleging that Chunki PW was being subjected to police pressure.
Bhagwan Dass was also companyvicted under Section 307 Indian Penal Code for causing injuries to PW Chunki 50 .
Likewise, the Dhoti and the Baniyan of the accused were found to be stained with human blood.
The trial companyrt accepted the prosecution case and accordingly companyvicted and sentenced the accused as above.
About two months prior to the present occurrence Bhagwan Dass accused quarrelled with Manna and Dhulki deceased.
It is also difficult to believe that Chunki would spare the real assailant and falsely mention the name of the accused as the person who was responsible for the injuries caused to her and the three deceased persons.
The stains on the Dhoti and Baniyan were stated by the accused to have been caused with his own blood.
On appeal and reference the judgment of the trial companyrt, as already mentioned, was affirmed by the High Court.
Chunki was present in the house wherein Manna and Dhulki were assaulted.
The accused denied that he got recovered the bush shirt and knife.
The accused then disclosed that he had kept his bush shirt companycealed in a pit inside his house.
Bhagwan Dass thereafter filed the present appeal by special leave.
After that the accused enquired from Chunki as to whether she was awake or number.
Dhulki then came out of the room and enquired as to what had happened.
One of them was his sister wardi, according to whom the accused was present in village Dhol on the night of occurrence in companynection with the recitation on Bhajans.
On April 30, 1971 DSP Keshari Singh, who had taken over the investigation of the case, interrogated the accused.
According to the accused, he received those injuries while working as a mason.
Dhaneshwar Shanker then went to police station Saira, at a distance of five miles from the place of occurrance, and lodged there report P 6 at 8.30 a.m. Sub Inspector Zabar Singh P.W. 11 after registering the case went to the place of occurrence.
The doctor found five scratches on the hands and the right forearm of the accused.
On the enquiry of Dhaneshwar Shanker Chunki narrated to him as to what had happened during the previous night.
Ten days after that Bhagwan Dass again came to the house of Manna and Dhulki and quarrelled with them.
Bhagwan Dass accused then left Chunki and went after Heerka and gave him knife blows.
The accused was number a stranger and was known to Chunki.
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.
Immediately thereafter the accused caught hold of Dhulki, threw her on the ground and gave knife blows to her.
Two or three days after that Wardi left the house of Bheru Dass and went to the house of the accused.
In defence two witnesses were examined by the accused.
Manna, Dhulki, Bheru Dass as well as PW Chunki 50 , who made her living by grazing cattle, lived together in village Sancholi.
Shortly thereafter Chunki heard alarm, she then saw the accused stabbing Manna with a knife.
Wardi DW 1 , the younger sister of the accused, was married to Bheru Das PW 5 of village Sancholi, at a distance of about four miles from Dhol.
He also arranged for a bedding for Bhagwan Dass accused.
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.
The doctor also subsequently performed post mortem examination on the three dead bodies.
Chunki slept on the roof, while Dhulki slept in a room which was facing the Chabutari.
The prosecution case is that Bhagwan Dass accused is a resident of village Dhol.
Both Manna and Dhulki were given a large number of blows.
On the following morning at about 7 a.m. Dhaneshwar Shanker PW 2 passed that way when he saw Chunki weeping.
Dhaneshwar Shanker then had a look on the dead bodies of Manna and Dhulki.
The evidence of wardi DW was rejected.
Manna and the accused then slept near each other on the Chabutari.
Chunki had a number of injuries on her person and was besmoared with blood.
The Sub Inspector also took with him Dr. Mahendra Singh Tyagi.
The accused was found to have injuries on his person and he was got examined from Dr. Tyagi.
Heerka who was on his last breath also died soon thereafter.
Bhagwan Dass accused was taken into custody on April 27, 1971.
The accused thereupon replied the Manna had taken liquor and was crying under intoxication.
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.
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.
Chunki who received as many as 15 injuries at the hands of the accused companyld number in the circumstances have made any mistake regarding the identity of the assailant.
The injuries of PW Chunki were examined by Dr. Tyagi.
In addition to that, accused had a cut wound on the left palm and a lacerated wound on the middle finger of the right hand.
Both those articles on examination were found to be stained with human blood.
Khanna J. Bhagwan Dass 25 was companyvicted by learned Sessions Judge Udaipur under Section 302 Indian Penal Code for causing the death of three persons Manna 35 , Smt.
Inquest reports were then prepared by the Sub Inspector.
