TMI Blog1997 (5) TMI 451X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the trial the learned Judge found them guilty of all the above charges and accordingly convicted them. For the conviction under Section 302/34 IPC both of them were sentenced to death and for the other convictions, to different terms of rigorous imprisonment. Against their convictions and sentences they preferred individual appeals which were heard by the High Court along with the reference made by the learned Judge under Section 366, Code of Criminal Procedure In disposing of them by a common judgment of High Court dismissed their appeals and confirmed the death sentences. Hence these appeals by special leave. 2. The case of the prosecution, briefly stated, is as under: (a) Anuj Prasad Dubey along with his wife Sarita Dubey, dau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... about 12 noon Shailja called one bangle seller to purchase some bangles. Expecting that Sarita might also be interested in purchasing bangles, she sent a girl to call her. The girl came back and reported that Sarita could not be found in the drawing room or in the court-yard. Shailja then went to the house of Sarita and entering her bed room found her lying dead on the floor with hands and legs tied with a coir strip and the two children lying dead on the bed. She further found household articles lying scattered all around the room and the steel almirah open. Immediately thereupon Shailja came out of house screaming and called the neighbours including Dr. Awadhesh Singh who rushed to the spot. Dr. Singh then sent a message to Anuj Prasad at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigation identification proceedings in respect of the articles recovered from the house of the appellants were conducted by Shri M.L. Sisodia.(P.W.16) Executive Magistrate and those articles were identified to he those of Sarita. (h) On receipt of the report of F.S.L. and completion of investigation the police submitted charge-sheet against the appellants. 3. The appellants pleaded not guilty to the charges levelled against them and contended that they had been falsely implicated. 4. That Sarita and her two children met with homicidal death as alleged by the prosecution stands proved by overwhelming evidence on record. Apart from the evidence of the neighbours of Dubeys namely. Sohan Lal Dixit (P.W. 1) Kumari Shradhdha Dixit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... daily and would not open it unless and until she was assured that the person intending to enter was known to her. On the date of the incident also she had locked the gate: (d) No marks of forcible entry into the house was noticed on the gate which indicated that miscreant/miscreants were known to Sarita; (e) A button was found lying on the spot, the colour, design and physical quality of which was similar to the buttons that were found stitched in the woollen sweater (Jacket) seized from the house of Mukund. Besides two buttons which were stitched on the upper side of the sweater were found missing: (f) Soon after the incident - On January 19. 1994 to be precise - a number of articles including ornaments belonging to Sarita were re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts convicted and sentence them in the manner stated earlier. In appeal the High Court concurred with each of the findings recorded by the trial Court. 9. Mr. Jain, appealing for the appellants, firstly contended that the prosecution failed to establish that any incriminating article was recovered from the respective house of the appellants, far less, that it was stolen at the time of the murders. We are not impressed by this contention of Mr. Jain for on perusal of the record we find that both the Courts below have discussed in details the entire evidence adduced by the prosecution and given cogent and convincing reasons for accepting the same. Having gone through the evidence we are constrained to say that no other reasonable view of it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the facts that the victims were helpless and innocent and that the appellants committed the gruesome murders for some gain. While there cannot be any manner of doubt that the murders were ghastly and in committing them Mukund betrayed his trust we did not think this case to be one of the 'rarest of rare cases' as exemplified in Bachan Singh v. State of Punjab (1980) 2 SCC 684 : AIR (1980 SC 898 and Machhi Singh v. State of Punjab 1983 (3) SCC 470 : AIR 1983 SC 957. We, therefore, commute the sentence of death imposed upon the appellants for their conviction under Sections 302/34. IPC to imprisonment for lire but maintain the sentences imposed for the other convictions. The appeals are thus disposed of. Order accordingly. - - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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