Judgment

Mrs. Sujata V. Manohar, J.-The respondent-accused, Manohar Singh, was tried for offences punishable under Sections 302, 307 and 394 read with Section 397 of the Indian Penal Code. By his judgment and order dated 7.4.1986, the learned Sessions Judge convicted the accused under Sections 302, 307 and 394 read with Sections 397 of the Indian Penal Code. The Sessions Judge held that the crime committed by the accused was callous and brutal and was one of the rarest of rare cases where the accused had murdered one old person and attempted to murder anoth­er unsuspecting old and helpless person without slightest provocation and simply to gratify his greed. He, therefore, awarded the death penalty to the accused for offence under Section 302. For offences under Sections 307 and 394 read with Section 397, he passed a sentence of rigorous imprisonment for ten years and a fine of Rs. 500/-. In appeal, the High Court has given the benefit of doubt to the accused and acquitted him of all charges. Hence the present appeal is filed by the State.

2. Briefly stated, the case of the prosecution is as follows :

There lived an old couple in Village Deola, Tehsil Suni District Shimla. The husband