GAMBHIR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard.

(2.) The law is well-settled that in a criminal case irrespective of the gravity and nature of charges, the prosecution is under an obligation to prove the guilt of the accused by leading evidence which is convincing and links the accused with the crime beyond all manner of reasonable doubt. In a case based purely on circumstantial evidence, the onus is upon the prosecution to prove the chain of circumstances beyond all manner of doubt. The law in respect of the same has been crystallized in Sharad Birdhichand Sharda v. State of Maharashtra,(1984) 4 SCC 116. wherein it was held that:-

(3.) Keeping in view the above principles, we shall now advert to the facts of the case at hand. The appellant i.e., Gambhir Singh[Hereinafter, referred to as 'appellant-accused'.] has been convicted and sentenced to death in relation to a ghastly incident involving murder of his own brother[The brother, namely "Satyabhan".], sister-in-law[The sister-in-law, namely "Pushpa".] and their four innocent children[The children, namely Aarti, Mahla, Gudia and Kanhaiya.]. The incident took place in the house of the deceased persons at village Turkiya on the intervening night of 8th and 9/5/2012.