UDAY UMESH LALIT,J. - (1.) These appeals by special leave challenge the judgment and order dated 08.08.2013 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Reference No.4 of 2013 and in Criminal Appeal No.563 of 2013 affirming the conviction of the appellant under Section 302 IPC and confirming the sentence of death awarded by the Sessions Judge, Durg in Sessions Trial No.96 of 2012. The appellant was awarded death sentence on six counts for having caused the deaths of his wife and five daughters on 19.02.2012. While granting special leave to appeal by order dated 17.01.2014 this Court stayed the execution of death penalty till the disposal of the present appeal.
(2.) The appellant along with his wife Thaneswari aged about 32 years and five daughters, namely, Nisha, Lakshmi, Sati, Nandini and Sandhya, aged 15, 14, 13, 8 and 5 years respectively and his mother Kejabai (examined as PW -6 in the trial) was residing in Village Mohandipat, P.S. Arjunda, Chhattisgarh. Their house, a single storey structure with five rooms, a verandah and a courtyard, opened in a gali. Opposite to this house, were the houses of Aman Dewangan, Khemlal Dewangan and Derha Dewangan. On either side of their house the immediate neighbours were Bhan Singh Dewangan on one side and Yogendra Sahoo on the other. The appellant with his wife and two daughters had gone to attend a marriage at Nagpur on 11.02.2012 and had returned to the village at about 4 -5 p.m. on 19.02.2012. After having dinner everyone had gone to sleep by about 8:00 p.m. Nisha, Lakshmi, Sati and Nandini were with their grandmother Kejabai in one room while the appellant, his wife and daughter Sandhya had slept in the adjoining room.
(3.) According to the prosecution, at about 1:30 a.m. on 20.02.2012 a report vide General Diary Entry No.671 was made by PW -1 Ishwar Pradhan and PW -2 Santosh Kumar, Village Kotwar. The entry Ext.P -37 was certified in the General Diary by PW -13, Sub -Inspector Krishna Murari Mishra and was to the following effect: "The information is related to the Station Officer, K.M. Mishra, Kotwar and Ishwar Pradhan s/o Avadh Pradhan, age 38 years, R/o Mohandipat, are present at the police station Mohandipat and stated that sounds of shouting are coming out from the house of the Dhal Singh Dewangan of village Mohandipat so that it is expected that incident like beating has taken place inside the house. In order to verify the above said incident, I departed to the place of occurrence along with my staff, 1373, 358, 252, 1316, R. 683, 1512, 664 mayak 320 and handed over the work of the police station to the HCM -1118. Sd/ - Illegible Station Officer Arjunda, Distt. Balod, Chhattisgarh" ;