Judgment

KHANNA, J.:- 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 sh