ORDER

1. Heard Mr. Pramod Swarup, learned senior counsel appearing for the Petitioner-State of U.P.

2. The allegations against the Respondent accused, which have been found true by the courts below, are that the Respondent murdered his wife and four children (three sons and one daughter) and caused injuries to another daughter with knife and axe taking the help of a hired person. This is because his wife protested against his indulgence in gambling, taking liquor and crimes like kidnapping. He had earlier to undergo imprisonment for one year in a case of kidnapping. His wife tried to persuade him not to commit these illegal acts and get reformed, but instead he would often beat her, and ultimately he committed these ghastly and brutal crimes of murdering his wife and four children, who are aged about 10, 8, 5 and 2 years respectively. The surviving daughter Priyanka is an eye witness and that apart there is convincing circumstantial evidence also on the basis of which the Respondent has been convicted by the courts below.

3. The injuries on the deceased Shikha, wife of the accused-Respondent are as follows:

1. Multiple incised wounds over face and forehead size 1 cm x 0.5 cm to 3 cm x 0.5 cm bone deep.

2. Incised wound 4 cm x 1 cm trachea deep on front of neck below hyoid bone. On dissection the underlying large vessels, tracheas and nerves were cut.

3. Incised wound 4 cm x 1 cm size muscle deep on back of root of neck.

4. Incised wound 4 cm x.5 cm muscle deep on top of (Rt.) shoulder.

5. Incised wound of 3 cm x 0.5 cm muscle deep on back of and middle of (Rt.) upper arm.

4. The injuries on the deceased Chhoutey, aged about 5 years, son of the accused Respondent are as follows:

1. Incised wound of 3 cm x 1 cm size skull deep till upper cavity of skull. This wound was 2 cm above the right eyebrow on the right side of the skull. Skull bone was broken. Thereafter, it was found that brain and brain membrane was also cut and blood mix fluid was present in the cavity of skull.

2. Incised wound 3 cm x 1 cm size bone deep which was above the right eye brow on the right side of the forehead.

3. Incised wound 2 cm x 1 cm size just above the injury No 2.

4. Incised wound 2 cm x 1 cm size muscle deep in the middle of the front of the neck.

5. Contusion 8 cm x 6 cm size upon the skull.

5. The injuries on Rahul, aged about 10 years, son of the deceased and the accused Respondent, are as follows:

1. Contusion of 8 cm x 3 cm size on the front of the neck.

2. Incised wound 5 cm x 1 cm breathing duct deep in the front of the neck. This injury was very close to the injury No. 1 On dissection, blood vessels, nerves, muscles and breathing duct etc. were found to be cut.

3. Incised wound 4 cm x 1 cm skull deep. This injury was 3 cm above the left eye, on the left side of the skull bone of skull, brain and brain membrane were found to be cut. Blood mix fluid was found to present in the cavity of skull.

4. Incised wound 3 cm x 1 cm muscle deep 12 cm above the middle of forehead in the front of skull.

5. Incised wound 2.5 cm x 1 cm muscle deep behind the right ear.

6. The injuries on Uttam Kumar, aged about 8 years, son of the deceased and the accused Respondent are as follows:

1. Incised wound 3 cm x 1 cm bone deep in the upper part of the body.

2. Incised wound 3 cm x 1 cm x deep bone in the middle of the forehead.

3. Incised wound 2 cm x 1 cm x skull deep outside the left eye on the left side of the face. The bone, muscle, blood vessels, brain and brain membrane were found to be cut. The fluid with blood was filled in cavity of brain.

4. Incised wound 3 cm x 1 cm bone deep, this wound was close to the outer sides of the right eye.

5. Incised wound 2.5 cm x 1 cm x breathing duct deep on the front of the neck.

6. 12 cm x 3 cm size wound till nose contusion on the neck.

7. The injuries on Kumari Anjali, aged about 2 years, daughter of the deceased and accused Respondent, are as follows:

1.4 cm x 1.5 cm incised wound x deep till cavity of skull, 4 cm above the right eye brow on th