YATINDRA SINGH,J. - (1.) IT was difficult to imagine: brother trying to eliminate the family of his younger brother. But such are the facts of this case; such is the World. THE FACTS
(2.) AN incident said to have taken place at about 7:30 hours on 9.4.2006 in village Nirmani, district Muzaffarnagar (the Village). In this incident, three persons Smt. Pervesh, her sons Akashay, and Sonu (jointly referred as the Deceased) were killed. Her husband Lokesh (the Injured), was injured. Rakesh (the Informant), brother of Smt. Parvesh, lodged the FIR at 8:50 hours on the same day. In the FIR, Om Nath elder brother of the Injured and his family members--wife Smt. Vijai Laxmi, two unmarried daughters Km. Baby alias Babita and Km Uma, and son Deobrat--(all jointly referred as the Accused) were named.
(3.) OM Nath (the Appellant) had three more daughters. They were married before the incident and presumably were not living in the village: they were living with their husbands.;