Judgment

Thomas, J.—Every father is the best protector of his own children—that is the order of human nature. But there had been freaks in the history of mankind when father became killer of his own child. This case tells the story of such a freak when Subhram—the 33 year old son of Bhagirath was butchered by cutting the throat. As Subhram was congenitally blind perhaps the only solace in the eerie episode seems to be that the victim would not have had any idea of the physiognomy of his murderers. Bhagirath and his two nephews (Hanuman and Kheta) were convicted by the Sessions Court under Section 302 read with Section 34 of the Indian Penal Code and the three were sentenced to imprisonment for life. But the High Court, on appeal by the three accused, acquitted Bhagirath and confirmed the conviction and sentence of his two nephews. State of Haryana has filed this appeal by special leave against the acquittal of Bhagirath.

2. Backdrop of the prosecution story is the following:

Bhagirath and his wife Jamna have a son Subhram and a daughter (Naraini). Subhram though was born blind, was healthy and active and remained a bachelor. Naraini was given in marriage to a pedagogue in Rajastha