JUDGMENT

Hansaria, J.-To hang or not hang, is the basic question to be decided in this appeal. The murder of Vijaya was undoubtedly most foul. Even so, death sentence can be awarded if murder be of the "rarest of the rare" type. Let it be seen whether this was so.

2. The facts taken as established by the High Court, to whom reference was made after the trial court had awarded the death sentence and appeals were preferred, are that Vijaya got officially married to the appellant on April 24, 1990. This was against the wishes of his father Trimbak, who had wanted to get his son married to some other girl and had hoped for good dowry from that marriage. Vijaya could live only for a couple of days with her husband before she returned back to her parents house, because she felt that she was persecuted by Priyatama, sister of the appellant. On return to her parents house, she told her father Ashruba about the demand of dowry made by Trimbak and the appellant. The demand was of Rs. 25,000. Ashruba, however, being an employee with meagre salary, could agree to pay only Rs. 5,000/-. The further accepted case is that on or about December 2, 1990, the appellant took Vijaya to Bombay. On Dece