SHAIKHAYUB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals arise out of the common judgment of the High Court of Judicature at Bombay in Confirmation case No. 3 of 1997 and Criminal Appeal No. 86 of 1997. They are, therefore, disposed of by this common judgment.

(2.) The appellant was tried for committing murder of his wife Taslimbi and his five children aged about 9 years, 7 years, 5 years, 3 years and 2 years, inside his own house, during the night intervening 5th and 6th February, 1995 at about 1.30 a.m. This being the case of circumstantial evidence, the prosecution examined witnesses to establish certain circumstances which indicated that the appellant had caused the deaths of his wife and five children. The circumstances relied upon by the prosecution and held proved are:

(3.) The High Court after considering the evidence of PWs. 3, 4, 5 and 8 and also the medical evidence held that the aforesaid circumstances can be said to have been proved by the prosecution beyond reasonable doubt. It also held that the chain of circumstances was complete and did not leave any doubt regarding the guilt of the appellant. It also held that the sentence of death was justified in view of the facts and circumstances of the case. It, therefore, accepted the reference, confirmed the sentence of death, and dismissed the appeal filed by the appellant.