- (1.) This is indeed a sorry case and indicates the hardship and inequity that can ensue to an accused, the prosecution and the victims in the case of a delayed trial or the delay in the disposal of an appeal.
(2.) Two young children, Sunny Arora aged about seven years and his sister Shikha Arora, aged about three and half years, were burnt to death by the respondent Ajit Seth as he was under the impression that they were carrying tales of his illicit connection with their mother Indu, co-accused, to their father.
(3.) The Trial Court, relying on the dying declarations made by the deceased children, convicted the respondent for offences punishable under Sections 302 and 364 of the IPC but acquitted Indu, and on the question of sentence observed as under: 25. To sum up, the special reasons for imposing the death sentence are that the murders were pre-meditated; the manner of commission of murders was brutal and diabolical and shocks the judicial conscience as the two innocent children were roasted alive; accused was in a position of domination and trust vis.-a-vis. the two deceased children the accused killed the two children for the selfish motive of possessing his women which exhibits his depraved mentality and meanness. 26. In view of my discussion above the accused Ajit Seth is sentenced as below: (a) Under Section 302 IPC the accused is sentenced to death. However, the sentence shall not e executed till its confirmation by the Hon'ble High Court Under Section 366 Cr.P.C. (b) Under Section 364 IPC the accused is sentenced to R.I. for 10 years. He is also fined Rs. 1000/- In default of payment of fine he shall further undergo R.I. for one month. The period of detention undergone by the accused during the investigation of trial of this case shall be set off against the sentence awarded to him Under Section 364 IPC. The proceedings are hereby submitted to the Hon'ble High Court of Delhi for confirmation of the death sentence passed Under Section 302 IPC and the accused is committed to the jail custody under a separate warrant.;