5
established her involvement in the crime along with the accused persons; every
hypothesis of the innocence of the accused was ruled out.
8.
After considering the evidence on record, the trial court convicted the
appellants of committing the offences they were charged with. On the point of
sentence, the trial court took the view that given the magnitude and diabolic
manner in which the offences were committed, the case on hand fell under the
category of rarest of the rare case and warranted death penalty.
High Court’s findings confirming the Trial Court’s order
9.
The Division Bench of the High Court7 confirmed the sentences imposed
on the appellants and the reference made by the trial court was answered in the
affirmative. The High Court concluded that the forensic experts as well as the
neighbours and the investigating officer had seen the blood-stained floor, walls,
and bedsheets, and that the evidence produced on record with respect to them
did not leave any major lacuna in the case of the prosecution; further, the
presence of the accused in the house, their intention of committing such a
heinous crime, and the manner in which the accused persons had caused the
death, had been duly proved.
10.
The High Court relied upon the statements of fingerprint expert PW-24
K.K. Dwivedi who visited the site and lifted the chance fingerprints which
matched with the appellants’ fingerprints, as well as jewellery recovered from
their possession -which was identified by PW-1 and PW-3 as belonging to the
deceased. The weapons (knife and country made pistol) used for the
commission of the offence were recovered from the accused and the same was
proved. Also, the accused persons were duly identified in open court by the
witnesses pursuant to their depositions.
7 High Court of Madhya Pradesh, Bench at Indore vide order dt. 29.09.2014 in Criminal Appeal No. 3/2014,
Criminal Reference No. 4/2013 and Criminal Appeal No. 266/2014.
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