JANKI DASS Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The appellant has been convicted under Section 302 and Section 201 of the Penal Code for having committed the murder of his three children (1) Rakesh, (2) Anita, and (3) Asha and for burying the dead bodies under the heap of earth in his house. He has been sentenced to death. The said conviction and sentence has been confirmed by the High Court.

(2.) It is the case of the prosecution that the appellant had four children, three daughters and one son. He was living with them along his wife at House No. B-192, Vivek Vihar, Delhi, as a tenant of Pyare Lal.

(3.) In February, 1989 after locking the house it is said, the appellant left for some unknown destination. During this period, the police from Rexaul, which is in the State of Bihar, came to Pyare Lal to make enquiries about the appellant. However on 15-8-1989 the appellant met Jai Krishan, son-in-law of the landlord Pyare Lal, who asked the appellant to vacate the house because it was lying unoccupied and locked. The appellant stated that as he was facing lot of difficulties, he will vacate the house after some time. Pyare Lal informed the appellant that police had come from Rexual in his search and was making enquiries about him, in connection with two dead bodies found in a hotel at Rexaul.. Those two dead bodies were of wife and daughter of the appellant. The appellant informed Pyare Lal that the dead bodies of three children had been burried in the same house. Thereafter the police was informed and lock was open with key recovered from the appellant. The appellant pointed out the place from where the three dead bodies in a highly decomposed position were recovered. The postmortem examination of the dead bodies was conducted by the doctor at the spot. Thereafter the appellant was taken in custody. The three dead bodies were found to be of the son of appellant, Rakesh aged about 21 years and the two daughters Anita and Asha, aged about 19 and 16 years respectively. The appellant also pointed out the place from where he had brought the lose earth to cover the dead bodies. Thereafter the appellant took the police to shops from where he had purchased bicasule and cyanide.