JUDGMENT

N. P. SINGH, J.:—The appellant has been convicted under Section 302 and Section 201 of the Penal Code for having committed the murder of his three children (1) Rakesh, (2) Anita, and (3) Asha and for burying the dead bodies under the heap of earth in his house. He has been sentenced to death. The said conviction and sentence has been confirmed by the High Court.

2. It is the case of the prosecution that the appellant had four children, three daughters and one son. He was living with them along his wife at House No. B-192, Vivek Vihar, Delhi, as a tenant of Pyare Lal.

3. In February, 1989 after locking the house it is said, the appellant left for some unknown destination. During this period, the police from Rexaul, which is in the State of Bihar, came to Pyare Lal to make enquiries about the appellant. However on 15-8-1989 the appellant met Jai Krishan, son-in-law of the landlord Pyare Lal, who asked the appellant to vacate the house because it was lying unoccupied and locked. The appellant stated that as he was facing lot of difficulties, he will vacate the house after some time. Pyare Lal informed the appellant that police had come from Rexual in his search and was making