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N.L.TIBREWAL, GYAN SUDHA MISRA
Vinod Malhotra – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Counsel for the parties:
For the Appellant:Mr. AK. Gupta, Advocate.
For the Respondent: Mr. S.R. Yadav. P.P.

JUDGMENT

N.L. Tibrewal, J. - The sole appellant was tried, convicted and sentenced to death under section 302 of the Indian Penal Code (for short 'IPC') by the learned' Additional Sessions Judge (Special Judge), Alwar in Sessions Case No. 128/93 (Old No. 42/92). The proceedings of the case has been submitted before this Court for confirmation of death sentence as required under section 366 of the Code of Criminal Procedure. Thus, we have before us the appeals of the appellant and the reference for confirmation of capital punishment.

2. At this stage, it would be appropriate to take stock of the prosecution case as unfolded by it for seeking conviction of the appellant. The story of the case relates to brutal murder off our persons closely related to the appellant. The deceased are appellant's wife Smt. Kiran, his two months old daughter, father-in-law Shri Ram Prakash Verma and uncle-in-law Banarsi Das. The appellant was married to Smt. Kiran on March II, 1988 and from their wed lock they had two months old daughter only. At the relevant time, the appellant was working as Telephone Inspector in Telecommunication Department and lived in Quarter No.9 of P & T Colony. Alwar with his w

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