Judgment

S. Shah Mohammed Quadri, J.-The appellant was found guilty of offence under Section 302 IPC and was sentenced to death by the Sessions Judge, Kamrup, Guwahati in S.C. No. 114 (K) of 1996 on 18.8.1997 which was confirmed by the Division Bench of the Gauhati High Court in Criminal Death Ref. No. 2 of 1997 and Criminal Appeal No. 254 (J) of 1997 on 3.2.1998. Against the judgment of the High Court, this appeal is filed by special leave. This Court admitted the appeal limited to the question of sentence.

2. The gravamen of the charge against the appellant is that in the morning hours, around 7 a.m., on April 24, 1996 Hara Kanta Das was taking his morning cup of tea on the corner tea stall of M.G. Road and Chamber Road, Guwahati along with others, the appellant arrived at the scene with a sword like weapon and with it dealt blows to Hara Kanta Das who fell down on the ground. The appellant amputed the right hand and thereafter severed the head of Hara Kanta Das (the deceased). With the head of the deceased in one hand and the blood dripping weapon in the other hand, he moved majestically towards Fancy Bazar Police Out Post. The occurrence was witnessed by persons standing there of