Judgment

CHANDRACHUD, CJI.:- This is yet another case in which a young housewife has been done to death by a trusted servant of the family. Her three-year old son was murdered along with her and her five-year old son was seriously injured. The incident occurred on May 6, 1971 at about 2.00 p. m. in House No. F4/3, Kanoria Colony Quarters, Renukoot, where one Mohan Lal Khetan used to live with his wife Geeta. and two sons Anil and Sunil aged three and five years respectively. Mohan Lal left for Allahabad for some work on the morning of the 6th. His wife and children took their food at about 1.00 p.m. and while they were resting, with a cooler on, they were assaulted as a result of which Geeta and Anil died and Sunil received serious injuries. The only other person who was then present in the house was the appellant, who was working as a household servant for a few years before the incident. His presence in the house at the material time is beyond the pale of controversy and indeed his very defence is that some intruders entered the house and caused injuries to Geeta, her two sons. and to he himself. The appellant received quite some injuries in the incident which led to the death of