(1.) THE appellant Bablu @ Mubarik Hussain was charged for offence under Section 302 IPC for murdering his wife Anisha aged 28 years, elder daughter Gulfsha aged 9 years, younger daughter Nisha aged 6 years, another daughter Anta @ Munni aged 4 years and youngest son Babu aged 2-1/2 years. The Additional Sessions Judge (Fast Track), Nagaur by `judgment dated 9. 4. 2006 having found the charge for offence under Section 302 IPC proved has made the instant reference for the confirmation of death sentence.
(2.) THE prosecution case is that on 10. 12. 2005 at about 6 A. M. PW. 11 Alladeen submitted a written report at Police Station, Nagaur stating inter alia that in the evening of 9. 12. 2005 the appellant Bablu gave beating to his wife and children. But they were rescued on his intervention. He described Bablu as a person of notorious character. It was further averred that in the morning at about 5 his brother appellant Bablu came out of the house shouting and making declaration that he has killed all the five bastards by strangulation one by one
(3.) PW. 14 Jamil Ahmed is the father-in-law of the appellant. He stated that the appellant was married to his daughter deceased Anisha about 10-11 years back. Out of the said wedlock three daughters and one son was born. He also stated that his daughter used to report that her husband i. e. the appellant used to beat her and the children. She also used to report that the appellant was a drunkard and a gambler. He used to demand money to fulfill the said wills. He was informed by the police that his daughter and her children were murdered by the appellant. In his opinion the appellant Bablu was a notorious person having the bad habits of consuming liquor and gambling. PW. 15 Jaitun is the mother-in- law of the appellant. She had also given the statement almost in the line of PW. 14 Jamil Ahmed.