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ARIJIT PASAYAT, S. H. KAPADIA
Bablu @ Mubarik Hussain – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Dr. Arijit Pasayat, J.—Leave granted.
2. Challenge in this appeal is to the judgment rendered by a Division Bench of the Rajasthan High Court at Jodhpur confirming the death sentence awarded to the appellant for commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’). The trial Court had imposed a death sentence and, therefore, made a reference for confirmation of death sentence by the High Court in terms of Section 366 of the Code of Criminal Procedure, 1973 (in short the ‘Code’).
3. Appellant also filed an appeal and both the case under reference and the appeal were taken up together and disposed of by a common judgment.
4. According to the prosecution accused killed his wife-Anisha, three daughters namely, Gulfsha, Nisha and Anta @ Munni aged 9 years, 6 years and 4 years respectively and son Babu aged 2½ years. The Additional Sessions Judge (Fast Track), Nagaur had found the charge for commission of offence under Section 302 IPC to have been proved and imposed the death sentence.
5. Prosecution version in a nutshell is as follows:
On 10.12.2005 at about 6 A.M. Alladeen (PW-1) submitted a written report at Police Station,
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