Lucknow: The Allahabad High Court has confirmed death penalty of a man who had killed his wife and four minor daughters in 2011. The man carried out the gruesome act as he suspected that his wife had developed illicit relations with someone of the village.
Dismissing the appeal filed on behalf of the appellant, a Lucknow bench of Justices Ramesh Sinha and BR Singh observed Monday, “This court is of the view that the motive is proved by the prosecution; the prosecution witnesses had fully supported the prosecution case and proved their presence at the time of the incident on the place of occurrence; the medical evidence has also corroborated by the disclosure statement made by the appellant – Deen Dayal Tiwari – himself before the police; and the appellant was arrested on spot by the police with the weapons of assault””
Earlier, government advocate Vimal Srivastava assisted by Chandra Shekhar Pandey had argued that it was a case which could be said to be in the category of ‘rarest of rare’ and justified award of death punishment to Deen Dayal Tiwari.
Accepting the state counsel’s plea, the bench said, “We are also clearly of the view that appellant is a menace to the society. There is no chance of his rehabilitation or reformation and no leniency in imposing punishment is called for.”
Dinanath Tiwari had lodged an FIR November 12, 2011 at Pura Kalandar police station in Ayodhya alleging his Deen Dayal killed his wife Siyallali (36) and daughters Mani (11), Riya (8), Guddan (6) and Mahima (4).
Dinanath claimed that when he and his wife reached his elder brother’s house on hearing screams, Deen Dayal came out armed with a blood stained axe and confessed he killed all of them. On raising an alarm, villagers also gathered there.
The Additional Sessions Judge of Ayodhya had convicted Deen Dayal under section 302 of IPC and awarded death sentence January 30, 2014.
Deen Dayal moved the high court and pleaded not guilty saying that his brother eliminated his family in the greed of property and falsely implicated him. Dismissing his appeal, the high court confirmed the sentence.
It, however, has said that the execution of death sentence shall stand postponed until the period allowed for preferring appeal to the Supreme Court has expired and if an appeal is preferred within that period, until such appeal is disposed of.
“It is also clarified that death punishment shall only be executed in accordance with law complying with all guidelines laid down by the Supreme Court time and again,” said the bench.
