P.S. KAILASAM, J.

(1) THIS special leave petition is filed by Bachan Singh, son of Saudagar Singh, from jail against the conviction and sentence imposed on him by the High court of Punjab and Haryana. This court ordered notice to the State and heard the counsel for the petitioner and the State and granted special leave.

(2) THE appellant was tried by the Sessions Judge, Ferozepur, on 3 charges of causing the death of 3 persons Desa Singh the son and Duga Bai and Veeran Bai daughters of Hukam Singh and causing grievous injuries to Vidya Bai, another daughter of Hukam Singh, at about 12 midnight between July 4 and 5, 1977,977, in the courtyard of the house of Hukam Singh. The learned Judge found the appellant guilty of the three charges under S. 302, Indian Penal Code and sentenced him to death on each count. He also found him guilty under S. 326, IPC, for causing grievous hurt with a sharp cutting weapon to Vidya Bai and sentenced him to three years rigorous imprisonment and a fine of Rs. 500.00. Against the convictions and sentences passed the appellant preferred Criminal Appeal 234 of 1978 to the High court. The appeal along with the Reference 3 of 1978 made by the trial Judge for confirmation of sentence of death were heard together by the High court. The High court rejected the appeal and confirmed the convictions and sentences passed on the appellant.

(3) THE case for the prosecution briefly is that the appellant Bachan Singh was convicted under S. 302, Indian Penal Code for the murder of his wife and sentenced to imprisonment for life. After undergoing the term of imprisonment he was released. After the release he lived with his cousin(?) Hukam Singh Public Witness 5 for about six months. Hukam Singhs wife and son objected to the appellant living in their house. A few days prior to the occurrence Hukam Singh and his wife went to Nainital in connection with the marriage of their son Desa Singh. On the night of the occurrence 4/07/1977 Desa Singb, son of Hukam Singb, Durga Bai, Veeran Bai and Vidya Bai the daughters of Hukam Singh were in the house. After taking their meals the three daughters slept in the inner courtyard, Durga Bai in one cot and Veeran Bai. and Vidya Bai in another cot near each other. Desa Singh, the son of Hukam Singh, and the appellant slept in the outer courtyard on two separate cots near each other. At about midnight Vidya Bai Public Witness 2 was awakened by the alarm and saw the petitioner inflicting kulhari (axe) blow on the face of her sister Veeran Bai. When Vidya Bai tried to get up the appellant gave kulhari blow on her face and ear. She was unable to speak and fell unconscious. Diwan Singh Public Witness 12 who was sleeping at a distance of 3-4 karms from the cots of Desa Singh and the appellant also woke up on hearing a shriek. He saw the appellant striking Desa Singh with a kulhari. He raised an alarm and Gulab Singh Public Witness 3 who was sleeping at a distance of 50 feet from the cot of Desa Singh woke up and saw the appellant hitting Desa Singh on the neck with a kulhari. On an alarm being raised by the witnesses the appellant threw the kulhari in the courtyard and ran away. Gulab Singh and Diwan Singh PWs 3 and 12 gave chase to the appellant but could not apprehend him. Soon after Kanshi Singh Public Witness 4 and others arrived at the place of occurrence and heard from the witnesses the details of the occurrence.

(4) A tractor was brought in which Durga Bai, Veeran Bai and Vidya Bai were taken to the hospital at Fazilka. The doctor who examined the dead bodies and the injured person gave the necessary certificates. He also sent information to the ASI Public Witness 13 who went to the hospital and recorded the statement from Public Witness 12 on the basis of which the FIR was recorded at the police station at 4.20 a.m. on 5/07/1977. The police officer conducted the inquest and proceeded with his investigation. The courts below found that the medical eviden