Dr. ANAND, J. - (1.) This appeal by special leave is directed against the judgment of the High court of Rajasthan whereby the conviction of the appellant for an offence under Section 302. IPC as recorded by the Sessions Judge, Bundi on May 1, 1989 was upheld and the sentence of death imposed upon him by the Sessions Judge was confirmed vide judgment dated 20th August, 1990.
(2.) For an occurrence which took place on June 3, 1988 in the broad daylight before noon, the appellant, according to the prosecution case, murdered his wife. Smt. Kajodbai, his two daughters Manrajbai, aged 4 years and Hansabai, aged about 7 years and his sons Raj Bahadur, aged 2 years, Nand Kanwar aged 14 years and Nathu Singh, aged 8 years. After committing the murders, the appellant went to police station Dablana holding the blood stained sword by which the murders were allegedly committed and himself lodged the first information report Ex. P-42. The blood stained sword, produced by the appellant, was seized vide seizure memo Ex. P-9 and the appellant was arrested. The blood stained shirt and dhoti worn by the appellant were also seized vide seizure memo Ex. P-14. Since the appellant had some injuries on his index finger of the left hand and on the proximal part of middle finger, he was sent for medical examination and was examined by the Medical Officer Incharge. Government Primary Health Centre, Dablana. The Assistant Sub-Inspector of Police. Durga Shankar PW 17 alter recording the first information report and affecting seizure of the blood stained sword, produced by the appellant, at the police station proceeded to the place of occurrence, the residence of the appellant and prepared a site plan. The dead body of Smt. Kajodbai was lying in the house with her head completely severed from the rest of her body. Other dead bodies were also lying in the same compound and outside in the lane. The Assistant Sub-Inspector Durga Shankar prepared the inquest report of the dead bodies, and sent the same for post-mortem examination. The blood stained clothes of the deceased were also seized during the investigation. Blood smeared sand and some other articles lying near the place, where the dead bodies were found, were also seized and sealed by investigating officer and sent for chemical examination to the State Forensic Science Laboratory. The Serologist later on submitted his report Ex. P-12.
(3.) According to the prosecution, the motive in the case appears to be the suspicion by the appellant of infidelity of his wife, deceased Kajodabi. It is alleged that during the Panchayat Elections, about 4 or 5 days before the unfortunate incident, the appellant was told by some village people that a Rajput lady who was having an affair with Gujar was likely 1:0 be co-opted as a Panch and since there was one family of Rajputs in the village and that was of the appellant himself, the appellant suspected that it could be his wife who was going to be co-opted and on the same night he enquired from his wife Kajodbai about her relations lip with Bhojak Gujar, but he was not satisfied with the answers given by her to his questions. The same night while he was in a disturbed state of mind, he got the impression during the interrogation of his wife that she had developed some illicit relations with Bhojak Gujar and was having an affair with him. He, therefore, not only doubted the fidelity of his wife but also thought that the five children born of Smt. Kajodbai were not his children. Harbouring those feelings, he committed the murders of his wife and all the five children even though his brothers wife. Smt. Ratnabai PW 11, while seeing him commit the murders of his children pleaded with him not to go on the killing spree but to no effect. According to the prosecution case. Smt. Ratnabai PW 11, saw the appellant actually rushing with the sword behind his son Nathu Singh and returning to the house with the blood stained sword. She herself witnessed the murder of Manrajbai. In the trial Court, before the learned Sessions Judge. Smt. Ratnabai PW 11 had deposed that she saw Hansabai being murdered by the appellant and that the others had already been murdered by him.;