GYAN SUDHA MISRA, N.L.TIBREWAL
STATE OF RAJASTHAN – Appellant
Versus
VINOD MALHOTRA – Respondent
TIBREWAL, J.
( 1 ) 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 of four persons closely related to the appellant. The deceased are appellants 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 11, 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 Tele Communication Department and lived in Quarter No. 9 of P and T Colony, Alwar with
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