DEEPAK NANDA AND ORS. Vs. STATE

JUDGEMENT

(1.) PERFECT matching of specimen finger prints of the two appellants Deepak Nanda and Bhagirath with the chance prints lifted from the tea cups at the place of occurrence, the prosecution alleges and the judgment under challenge dated 6th January, 2014 pronounces, unravels baffling homicidal deaths of Seema, aged 33 years and her two children Nishant and Kunal, aged about 4 and 7 years. Per contra, the two appellants seek acquittal primarily predicated on alluded technical and procedural lapses and failure of the prosecution during investigation and trial, which it is submitted dents and nullifies the affirmative finger print report marked Ex. PW35/A. For clarity we do record that the impugned judgment also relies on corroborative circumstantial evidence.

(2.) THE appellant Bhagirath, son of Raja Ram, is cousin brother of Hemchand (PW24), husband of late Seema and father of Nishant and Kunal. Deepak Nanda, the second convict and co -participant, is stated to be a friend and neighbour of Bhagirath.

(3.) HEMCHAND (PW24) has deposed that on 9th January, 2009 on return from work, he had seen the dead body of his wife lying in front of the almirah and his two children lying dead on the bed in a pool of blood. The three had deep -sharp injuries on their neck and other parts of their bodies.