JUDGMENT

Santosh Hegde, J.-In this appeal, while granting leave, this Court confined the scope of the appeal to the consideration of the question of sentence only.

2. The appellant along with seven others, who survived the trial out of the eleven persons originally tried, were convicted for offences punishable under Sections 302, 307, 436 and 440 all read with Section 149 IPC. The trial Court imposed varying sentences on them, but in regard to appellant and one other person, awarded the sentence of death and referred the said sentence to the High Court of Judicature at Allahabad, Lucknow Bench for confirmation. The High Court by the impugned judgment has accepted the reference and confirmed the death sentence awarded to the appellant but taking into consideration the age of the other accused who was also sentenced to death converted his sentence from death to life imprisonment. In this appeal, the appellant questions the sentence of death awarded to him on various grounds.

3. Mr. Rakesh Dwivedi, learned senior counsel appearing for the appellant submitted that the crime of which the appellant is charged with cannot be termed as a rarest of the rare cases calling for extreme penalty of