Judgment

DESAI, J. :- Respondent M. K. Anthony was prosecuted for having committed murder of his wife Smt. Anna Kutti and his two children - a son Sajji aged 6 years and a daughter Rita aged 4 years during the night between February 26 and 27, 1973. Learned Sessions Judge, Jhansi convicted him for having committed murder of the aforementioned three persons and awarded him maximum penalty under the law. An appeal preferred by the respondent. with the reference made by the learned Sessions Judge under Sec. 366 of the Code of Criminal-Procedure, 1973 for confirmation of the sentence came up before a division bench of the Allahabad High Court. The High Court gave the respondent the benefit of doubt and acquitted him. Hence this appeal by special leave.

2. Prosecution case briefly stated is that the respondent, a resident of Kerala, was serving as a clerk in the Cash Office of the Central Railway at Jhansi. At the relevant time he was staying with his wife deceased. Anna Kutty and two children deceased Sajji and deceased Rita at Jhansi in a. quarter of R. P. F. in Laxminagar. Smt. Anna Kutty was admitted in the hospital popularly known as German Hospital for some gynaecological disorder.