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1956 Supreme(Bom) 139

Y.V.DIXIT, B.N.GOKHALE
State – Appellant
Versus
Shankar Sakharam Jadhav and Anr – Respondent


Judgment -

1. This case is, I think, notable for the brutality -of a crime and the callousness with which the crime was committed. Five members of a family and a servant In the family died of injuries caused to them and the five members included a six month old child. The injuries inflicted upon these persons number 67, some of them being cither upon the abdomen or upon the chest. This is a shocking crime and will perhaps remain unsurpassed in its ferocity, but the Courts approach to the evidence in the case must be dispassionate and free from "prejudice and the examination of the evidence must be fair find just in fixing the guilt upon the accused persons and in this connection, we will bear in mind the observations made by the Supreme Court in the case of Kashmira Singh State of Madhya pradesh, 1952 SCR 526: (AIR 1952 SC 159) (A). There their Lordships observed as follows:

"Where the murder committed is a particularly cruel and revolting one, it is necessary to examine the evidence with more than ordinary care lest the shocking nature of the crime night induce an instinctive reaction against a dispassionate judicial scrutiny of the facts and law."

2. The circumstances in which that




































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