murder was companymitted on the night of 4th july 1976 and the dead bodies were locked up inside the room and the house was locked from outside.
deceased ram swaroop used to practice homeopathy as his hobby.
criminal appellate jurisdiction criminal appeal number 342 of 1971 appeal by special leave from the judgment and order dated 13 4 77 of the madhya pradesh high companyrt in criminal appeal number 37/77 and death reference number 1/77.
the house was broken open by the police and the nine dead bodies were recovered.
the accused lived only about a furlong away from the deceased.
the accused stood companyvicted entirely on circumstantial evidence and his companyviction is number beyond question.
as stated earlier the entire family was exterminated.
smell was emitted from the closed house and the police was informed.
cash ornaments and other valuables were also removed at the same time.
the accused 31 bachelor of ayurvedic medicine and surgery b.a.m.s.
mohan behari lal amicus curiae for the appellant.
there is numberdirect evidence as to who actually companymitted the crimp or even whether there was more than one person taking part in this dastardly crime.
these are gruesome murders wiping out all entire family of nine persons including two infants.
ram swaroop had his parents aged 60 years his wife 35 their two sons and three daughters of the age of 16 13 8 5 and 3 respectively.
a qualified medical practitioner was a close friend of one of the deceased ram swaroop 40 who was an upper division clerk in the madhya pradesh girls n. battalion at gwalior.
the judgment of the companyrt was delivered by goswami j. we have granted special leave in this case limited to the question of sentence and heard the learned counsel appearing as amicus curiae and also for the state.
on 6th july foul.
there was thus a certain degree of companymon interest between the accused and deceased ram swaroop.
n. shroff for the respondent.
