ORDER :

Gruesome murder of four persons including one child of nine months has been alleged against the accused herein who happened to be the son-in-law of the family: The father-in-law aged about 60 years, the daughter, being the wife aged about 28 years, a child of nine years and a new born girl child of nine months were done to death by strangulation - obviously gruesome and one shudders to note such a state of affairs. The justice delivery system of the country, however, has one basic principle to wit that the prosecution must prove the case beyond any reasonable doubt. It is in this context, evidence ought to be noticed. Admittedly, there is no direct evidence available and the entire edifice rests upon circumstantial evidence and it is in this context as well that the learned advocate appearing in support of the appeal against an order of acquittal of the son-in-law pointedly referred to a decision of this Court in the case of Ashok Kumar Chatterjee v. State of Madhya Pradesh, JT 1989 (3) SC 451, wherein this Court upon consideration of a long catena of decisions, held that when a case rests upon circumstantial evidence, such evidence must satisfy the following tests:

(1) the