Nanavati, J. - (1.) Both these appeals arise out of the common judgment of the High Court of Judicature at Bombay in Confirmation case No. 3 of 1997 and Criminal Appeal No. 86 of 1997. They are, therefore, disposed of by this common judgment.
(2.) The appellant was tried for committing murder of his wife Taslimbi and his five children aged about 9 years, 7 years, 5 years, 3 years and 2 years, inside his own house, during the night intervening 5th and 6th February, 1995 at about 1.30 a.m. This being the case of circumstantial evidence, the prosecution examined witnesses to establish certain circumstances which indicated that the appellant had caused the deaths of his wife and five children. The circumstances relied upon by the prosecution and held proved are: 1. "The appellant was suspecting character of his deceased wife Taslimbi and therefore he had motive to commit the crime in question. 2. The incident in question had taken place in the house where the appellant was residing along with his wife Taslimbi and five children. 3. The deceased Taslimbi and five children of the accused were last seen alive with the appellant original accused at about 8 p.m. on 5-2-1995 in the house of the appellant. 4. The appellant and his family members used to sleep in the middle room of the house and after meals on that day the appellant and his family members went to sleep in the middle portion of the house. 5. PW 8 Hasinabi was sleeping in the back side room of the house and the door adjoining to her room was closed from inside. 6. At about 1 or 1.30 a.m. on 6-2-1995 shouts and cries were heard by PW 3 Shaikh Aslam who was sleeping on the roof and neighbours which were coming out of the middle room of the house of the appellant. PW 3 Shaikh Aslam therefore woke up PW 8 Hasinabi. 7. Since PW 8 Hasinabi was sleeping in the rear side of the room it was impossible for anyone to enter in the house from that direction or go out from that direction. 8. The eastern side door of the middle room was broken open with the help of "Chimta". The spot panchnama shows that the door was broken open and "Chimta" was found on the spot. 9. PW 4 Firoz Khan and PW 5 Abdul Rehman seen the appellant accused sitting inside the room. 10. The report of Chemical Analyser shows that human blood was detected on the clothes of the appellant accused and it was of deceased. 11. In view of the medical evidence it is clear that the injuries to the children were caused by axe. Article 11 was found inside the room. 12. The cause of death of Taslimbi as opined by the doctor is by strangulation and if it is so the possibility that she could have caused death of her children is ruled out. 13. The blood of "A" group of deceased was detected on the clothes of the appellant and also on the axe. 14. The appellant went to sleep in the middle room along with his wife and children after taking meals and was alone in the room in question at the time of incident. 15. The first information report was lodged immediately after the incident in question. 16. The subsequent conduct of the appellant is most abnormal. The appellant did not make any hue and cry after seeing his own wife and children being killed in most violent and gruesome manner nor he tried to inquire from the people regarding cause of death. 17. The appellant had taken the plea of alibi and same cannot be said to be established in the facts of the case." The trial Court held the appellant guilty and sentenced him to suffer death. As death sentence was imposed the trial Court made a reference to the High Court for its confirmation. The appellant also appealed to the High Court against his conviction and sentence.
(3.) The High Court after considering the evidence of PWs. 3, 4, 5 and 8 and also the medical evidence held that the aforesaid circumstances can be said to have been proved by the prosecution beyond reasonable doubt. It also held that the chain of circumstances was complete and did not leave any doubt regarding the guilt of the appellant. It also held that the sentence of death was justified in view of the facts and circumstances of the case. It, therefore, accepted the reference, confirmed the sentence of death, and dismissed the appeal filed by the appellant.;