Judgment

Srinivasan, J.-The pivotal question in this appeal is whether the extra judicial confession made by the appellant could form the basis of conviction under Section 302 I.P.C. The question was answered in the negative by the Additional Sessions Judge, Sangli but the High Court gave a contrary answer and reversed the judgment of the Court of Sessions. Thus the appellant stood convicted and sentenced to death as the High Court opined that ‘this case fails in the category of the gravest of grave and rarest in rare cases’. After hearing the appeal for some time, we decided that the death sentence awarded to the appellant may not be sustainable whether we accept or reject the appeal ultimately and passed on order on 6.1.98 that the appellant be taken out from the Death Cell and be put in the cell meant for life convicts till further orders. Thereafter we completed the hearing of the appeal.

2. The appellant was a sepoy in the Army at 14th Maratha Light Infan­try, Aundh Camp, Pune. He married one Vimal of Hingangaon village in 1980 and had a female child about a year later. Vimal was not keeping good health and was found to be suffering from tuberculosis. She was advised complete b