IMPORTANT POINT
This case falls under the category of "rarerest of the rare cases" and Death penalty awarded by courts below needs no interference.

JUDGMENT

K. Venkataswami, J.-The appellant who is in Central Jail. Indore has sent through Superintendent a petition to set aside the impugned judgment of the Madhya Pradesh High Court, Bench at Indore confirming the death sentence imposed by the First Additional Sessions Judge, Ujjain. The said Petition was taken on file as Special Leave Petition and this Court after granting leave called for the records from the trial court. The High Court was also requested to transmit to this Court the copies each of the judgment of the High Court as well as the trial Court.

2. This appeal is directed against the Judgment of the Division Bench of the Madhya Pradesh High Court, Bench at Indore in Death Reference No. 2/95 and Criminal Appeal No. 173/95. The appellant accused was convicted under Section 302 I.P.C. for having committed murder of his wife Krishna Bai, daughter Jyoti aged 10 years, daughter Rekha aged 16 years and under Section 307 I.P.C. for attempt to commit murder of his daughter Komal aged 10 years, son Balakrishna aged 12 years and another son Sonu aged 7 years on the intervening night of 20th and 21st February, 1994 in Village Laxmipura, Police Station Kayatha District Ujjain. The prosecution case is as follows :

On the intervening night of 20th and 21st February, 1994, the accused committed murder of his wife and two daughters and they died on the spot. He further caused injuries to Komal (daughter) and two sons Balakrishna and Sonu with intent to commit murder. However, these three survived even after sustaining grievious injuries. P.W. 13, Satnam Singh, Station House Officer received an annonymous telephonic information that many persons have sustained injuries and some of them have died at the residence of the accused. On receiving such information, the Police Officer reached the spot and found Balakrishna, Sonu and Komal in seriously injured condition. Krishna Bai, Rekha and Jyoti were found to be dead by that time. The accused was not found inside the house. The said Police Officer sent all the injured to hospital for treatment and registered case No. 1/94, 2/94 and 3/94 regarding the death of the persons referred to above. He recovered blood stained sword on the spot. Mat, clothes, lock and chappal were also found with blood stains and they were also seized. Stained and unstained earth were also collected from the spot. Site map was prepared. An inquest was held and various injuries were noticed on the bodies of the different persons. The accused was arrested on the same day and Panchnama was prepared and on questioning, the accused gave information about sword which he had kept in the wheat field delonging to Redheshyam. The clothes of the accused, Kurta and Pajama with blood stains were also recovered from a trunk. During investigation, it was found that the accused made extra judicial confession of having committed murder of his wife and children before Prahlad (P.W.6) and Rora (P.W.7).

2. The autopsy on the body of Rekha aged about 16 years was conducted by Dr. Arvind Dashottar (P.W.3) on 21.2.1994 and the following injuries were found on the body of the deceased Rekha :

1. A big incised wound extending in four directions from left pinna as following :

(a) 4" x 2" over left tempero occipital region O cut piece of occipital bone measuring 1/4" x 1/4" present in the wound. Dura matter exposed.

(b) 4" x 2" from angle of the left eye towards left pinna. Mandible bone exposed.

(c) Incised wound 2" x 1" from angle of left mandible upto left pinna.

(d) Incised wound 2" x 1" from back of neck towards (L) pinna.

2. Incised wound 3" x 1/2" below injury No.1 over occipital region.

3. Incised wound over skull (L) perietal region 3" x 1/2".

4. Incised wound over front parietal region 5 1/2" x 1". Parietal bone incised. 5 1/2" membrane cut at the middle with