9911796707
TMI Blog1998 (2) TMI 592X X X X Extracts X X X X X X X X Extracts X X X X ..... he husband of deceased Mst. Manglibi @ Kaniza. Deceased Samidabi, the daughter of Manglibi for her former husband. Deceased Rafeeq, aged about 14 months, was the son of accused-appellant No. 1 and deceased Manglibi. Ashiq Ali, co-accused -appellant No. 2 is a friend of appellant No. 1 and he after release from prison was living with appellant No. 1 in the Dhaba. In the Year 1989, deceased Manglibi after purchasing a small plot of land on high way No.7 constructed a Dhaba where she started business of sale of refreshment. Appellant No.1 , deceased Manglibi, deceased daughter Shamidabi and son Rafeeq - all were living in the said Dhaba. On 13.11.92, Qadir Khan (PW 9) had lodged a report to the police station Chaprra, that his elder sister ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the appellants deserved to be set aside. It is not disputed that the present case is based on circumstantial evidence. it is also not disputed that the settled law is that in a case like the present one the chain of circumstances must be unbroken as to rule out all and every possibilities of innocence of the accused. The trial court as well as the high Court found that the evidence available on record clearly established all the links in the Chain of circumstances leading to the guilt of the appellants and no reasonable ground was left for conclusion consistent with their innocence. It is true that in the present case, there was no eyewitness of the murder of the three deceased persons and the prosecution case was based only on circ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... angles on her wrists. Signs of injuries on the body were found present. According to Dr. Pateria death occurred on account of injuries on the Chest affecting vital organs like heart. The second body was of a young female clad in a green salwar kurta and bangles on her wrists. She suffered injuries on her neck and cheat affecting vital organs. The post mortem report of the child indicated that he had injuries over the skull. According to Dr. Pateria, all these injuries caused to the three deceased were by sharp object like Basula which was found kept under the bench in the inner room of Dhaba, and they were ante mortem. These dead-bodies were identified by appellant No. 1 as well as by Habib Khan and Mohd. Iqbal. The medical evidence shows t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ba.. These circumstances further show that at least more than one person were required to commit such crime as the same was not possible by one person to commit murder of three persons and buried them in the inner room of the Dhaba. We have considered the circumstantial evidence in this case and find that all the links of chain of circumstances are unbroken and complete. We are, therefore, of the opinion that circumstantial evidence is consistent with the guilt of the two accused. The only conclusion form the established circumstances in the case before us is that it were the appellants who committed the murder of three deceased persons and were rightly convicted. How, coming to the death sentence awarded to the appellants which was c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reasons given by the High court for awarding death sentence to the appellants. Having regard to the guidelines stated above, it may be noticed that in the present case it was not pointed out bey the prosecution that it was a cold blooded murder. There is nothing on record to show how the murder has taken place. In the absence of such evidence, we do not find that the case before us falls within the category of rarest of rare cases, deserving extreme penalty of death. Keeping in view the afforested facts, we are of the view that the ends of justice would be met if we substitute t he death sentence with that of life imprisonment under Sections 302/34 IPC, while upholding the appellants conviction, as recorded by the High Court. Thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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