JUDGMENT

Thomas, J.-Whoever was the assailant it was a hatrick for him when three persons of the same house were slaughtered in one operation. If respondent was the assailant it was a case of patricide-cum-matricide-cum-fratricide. In the realm of homicidal crimes such episodes rarely happen. So the task is heavy for the prosecution to carry conviction of the truth of the allegation against the respondent. That perhaps may be the factor which influenced the High Court in giving benefit of doubt to this respondent.

2. Babu Ram - the respondent was found by the trial Court to have committed such a triple murder of his father, mother and brother and buried the corpses inside their own courtyard. The Sessions Judge chose the extreme penalty for him for the offence under Section 302 IPC. But he got a clean chit from the High Court of Allahabad when a Division Bench exonerated him of the offence. The State of U.P. now challenges the order of acquittal in this appeal filed by special leave.

3. The victims of the triple slaughter were Devi Dayal and his wife Champa Devi and their son Sitaram. The ill-fated parents Devi Dayal and Champa Devi had 5 children - 3 sons and 2 daughters. Respondent