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A.K.PATNAIK, SWATANTER KUMAR
Brajendrasingh – Appellant
Versus
State of Madhya Pradesh – Respondent


JUDGMENT

Swatanter Kumar, J.

1. The present appeals are directed against the judgment of the High Court of Madhya Pradesh, Bench at Indore, confirming the judgment of conviction and order of sentence of imposition of extreme penalty of death by the Trial Court.

2. The disaster that can flow from unchastity of a woman and the suspicions of a man upon the character of his wife cannot be more pathetically stated than the facts emerging from the present case. As per the case of the prosecution, a man suspecting his wife of having illicit relations with his neighbor, killed his three young children, namely, Varsha, Lokesh and Mayank, who were asleep, sprinkled kerosene oil on his wife and put her on fire. However, when called upon to make a statement under Section 313 of the Code of Criminal Procedure, 1973 (for short, Cr.P.C.), the accused rendered the following explanation :

“There was illicit relationship between my wife, the deceased Aradhna and Liladhar, when on 27.02.2005 I came from the factory, at that time it was 11.00 - 11.30 O’clock at night, there was no fixed time coming and going from the factory. When I came to my house the door of the house was opened. My wife was not at

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