- (1.) Heard Mr. Pramod Swarup, learned senior counsel appearing for the petitioner-State of U.P.
(2.) The allegations against the respondent accused, which have been found true by the courts below, are that the respondent murdered his wife and four children (three sons and one daughter) and caused injuries to another daughter with knife and axe taking the help of a hired person. This is because his wife protested against his indulgence in gambling, taking liquor and crimes like kidnapping. He had earlier to undergo imprisonment for one year in a case of kidnapping. His wife tried to persuade him not to commit these illegal acts and get reformed, but instead he would often beat her, and ultimately he committed these ghastly and brutal crimes of murdering his wife and four children, who are aged about 10, 8, 5 and 2 years respectively. The surviving daughter Priyanka is an eye witness and that apart there is convincing circumstantial evidence also on the basis of which the respondent has been convicted by the courts below.
(3.) The injuries on the deceased Shikha, wife of the accused-respondent are as follows :- 1. Multiple incised wounds over face and forehead size 1 cm x 0.5 cm to 3 cm x 0.5 cm bone deep. 2. Incised wound 4 cm x 1 cm trachea deep on front of neck below hyoid bone. On dissection the underlying large vessels, tracheas and nerves were cut. 3. Incised wound 4 cm x 1 cm size muscle deep on back of root of neck. 4. Incised wound 4 cm x .5 cm muscle deep on top of (Rt.) shoulder. 5. Incised wound of 3 cm x 0.5 cm muscle deep on back of and middle of (Rt.) upper arm.;