Since the Sar Panch could not follow what the accused meant to convey to him, he sent ravage to the residence of the police patel to inform him of what the accused was saying. After unyoking the bullocks form the cart he came back near the house of the Sar Panch and sat down in the verandah of a house of the Sar opposites to the house of the Sar Panch. Jagjivan Girdhar started for Bhandarda on receipt of the first in form action report and reached that place at about l7-30 p.m.
On these two article having been sent the Chemical Analyser and the Serologist, both of them were found to have been stained with human blood.They had gone in apart belonging to the accused and there was a crow bar with them when they went to the place.At about 9 a.m., the accused returned to the villages accompanied, how-ever, only by his younger son about three years of age.While he was passing by the house of the AR Panache of the village, witness Bhaishanker Pranjivan, the accessed called out to the witness as 'Bhishma Pitamaha' and told him that he had killed "Bhangadi' and "Karna" meaning there by his wife the deceased Jamuna and his elder son Anther. Besides the Sar Panch, there were present one Kasha, Harin Bhura and Ravji.Since the Sar Panch, Besides the Sar Panch, there were present one Keshaw, Hari Bhura and Ravji.The accused there after was charge sheeted under S.
302, Penal Code, for giving caused the double murder of his wife, the deceased Jamuna, and his son, the deceased Natha.
(2) The defence of the accused was that he had become mad at the time of the incident, that he was not in his sense and therefore he had no knowledge of what he had done. (1) The question that was raised in the trial Court and which had been raised before us by Mr.
JUDGMENT (1) At the material time, the accused, house wife, the accused Jamuna and his two sons, the elder being Anther, were living in the village Bhandarda in the District of Sorath.
They had come from Papilla to this villages only two or three months prior to the dates of the incident.
The accessed had purchased a few months prior to the date of the incident certain fee lands which were situates about half a lie away from the village Bhandarada.
On the 11th of May 1959, that being the Ganesh Chaturthi, the accused, the deceasesds Jamuna and their two sons went to a the place called 'Dhukhan' apparently to bring some earth from there.