SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd. Page 2 Monday, October 24, 2022 Printed For: Navami Krishnamurthy, Jindal Global University SCC Online Web Edition: http://www.scconline.com © 2022 EBC Publishing Pvt.Ltd., Lucknow. ----------------------------------------------------------------------------------------------------------------------------------------------------------- 4. In such circumstances referred to above, the accused appellant is here before this Court with the present appeals. CASE OF THE PROSECUTION 5. According to the case of the prosecution, the accused appellant Ramanand was married to Sangeeta (deceased) for the past 12 years before the incident in question. In the wedlock, five children were born - one son and four daughters, by name Gaurav Ambedkar aged 10 years, Tulsi aged 7 years, Lakshmi aged 5 years, Kajal aged 3 years and Guddi aged one and a half month. 6. On the fateful night of the incident i.e. the intervening night between 21st & 22nd of January, 2010 while the wife and four children were sleeping in the house situated at the village Basdhiya, the accused appellant is said to have mercilessly clobbered all the five to death with a sharp cutting weapon called Banka. At the relevant point of time, the son of the accused appellant was not residing with the family. The son aged 10 years at the time of incident was residing at a different village with one police constable. The motive behind the crime as put forward by the prosecution is the extra marital affair of the accused appellant with one married lady by name Manju. According to the prosecution, the accused appellant desperately wanted to marry Manju. Further, the wife of the accused appellant namely, Sangeeta (deceased) was highly opposed to the relationship of her husband with Manju. In such circumstances, it is the case of the prosecution that the accused appellant decided to terminate not only his wife Sangeeta but also his four minor daughters. 7. It all started with the First Information Report (FIR) lodged by the PW-1, Shambhu Raidas, who happens to be the brother-in-law of the accused appellant (husband of the accused appellant's sister). The FIR came to be lodged by the PW-1, Shambhu Raidas at the Dhaurhara Police Station, District Lakhimpur Kheri on 22.01.2010 at 9 : 45 A.M. The FIR (Ext. 40) reads thus:— “To, Station House Officer, Kotwali-Dhaurahara, District Kheri. Sir, It is submitted that the applicant Shambhu Raidas son of Late Shri Shyam Lal Raidas is the resident of village - Naamdar Purwa, Police Station - Kotwali Dhaurahara, District Lakhimpur Kheri. Today on 22.01.2010 when I was present at my home then at about 6.30 o'clock in the morning my saala (brother-in-law) Ramanand Raidas son of Gobre Raidas resident of Naamdar Purwa, Hamlet-Amethi, Police Station Dhaurahara, Lakhimpur Kheri came and told that, “Last night I was sleeping with my wife & children. Then at about 1.00 o'clock in the night someone knocked at my door, I woke up and asked who was there but none replied. Then I went to the roof of my house and saw that four persons were standing outside the house. I switched on the torch. I saw that that one person who was resident of village-Basadiha, Police Station Ishanaga and known to Ramanand fired on me by gun; I escaped and jumped and came down. Then one miscreant hit on my head by the butt of a gun. I ran away and hid in the fields and saw that the miscreants climbed into my home. I saw, smoke coming out of my home. Then I ran to Behnan Purwa and told about the incident at Crusher of Khaliq and to the people at Ramnagar Lahbadi but none came ahead. I came running here”. Then I alongwith my nephew Pratap reached the house of Ramanand and saw that the wife of Ramanand namely Sangita, aged about 35 years, daughters Tulsi aged about 7 years, Laxmi aged about 5 years, Kajal aged about 3 years and a girl child of about 1½ month had been killed and the dead bodies were burning. Then I and Pratap started extinguishing the fire by pouring water with the aid of a bucket. Behind us Ramanand too came to his house & home, sat in the courtyard and started warming himself in front of the fire (Aag Taapne laga). On seeing this, both of us scolded him that, “Your wife-daughters have been killed and you are sitting in the courtyard