IMPORTANT POINT
Imposition of life imprisonment is a rule and awarding death sentence is an exception.

JUDGMENT

S.B. Sinha, J.-The appellant before us was convicted under Section 302 and Section 498-A of the Indian Penal Code. He was sentenced to rigorous imprisonment for life for commission of an alleged offence under Section 302 IPC as also a fine of Rs.1,000/- and to one year s rigorous imprisonment under Section 498-A in respect whereof a fine of Rs.500/- was also imposed upon him.

2. On an appeal preferred by the appellant herein, the High Court, however, while maintaining the judgment of conviction passed by the learned Sessions Judge, issued a notice upon the appellant as to why the maximum capital sentence should not be imposed on him. Upon giving an opportunity of hearing to the appellant, the High Court having arrived at a finding that the case is one of the rarest of rare one, imposed death penalty upon him.

3. Being aggrieved, the appellant is in appeal before us.

4. The deceased was the appellant s wife. They were staying at House No.41, Hall s Road, Sagayipuram, K.G. Halli, Bangalore in a rented house belonging to PW 3, Noor. At the time of marriage, allegedly the deceased s parents gave gold ornaments as dowry. The accused at that time was working as a Carpenter. As he was not doing his work properly, he being in dire financial need, started selling away the jewellery of the deceased. The father of deceased, PW 1 gave some money to the appellant to start his own business, which was also spent out. Allegedly, three months prior to the incident, the deceased was kicked on her stomach when she was pregnant as a result whereof an abortion took place whereafter her father brought her to his own house. However, allegedly on mediation by elderly persons including PW 5, Syed Arif, the deceased was sent back to her matrimonial home. Despite the same, the deceased allegedly used to complain to her parents about harassments meted out to her by the appellant accused persons i.e. his brother Irshad Ahmed Khan and sister Smt. Bhalkeez Begum.

5. On the night of 14/15.4.1997 at about 1 O clock, one Belal Sheriff son of Noor (PW 3) came to the house of Yusuf Khan (PW 1) and informed him that fire was seen in the house of the deceased and the accused; whereupon he, his wife Smt. Asmathunnisa (PW 6), and his son, Saleem Khan (PW 2) went there and found that neighbours had been trying to put out the same. The door of the house was open and upon going inside the room, they found the deceased lying dead on a cot with her neck cut. She was also found to have been gagged with a cloth. Allegedly, an attempt had been made to burn her body.

6. The first information report about the commission of offence was lodged at about 2 A.M. on the same night. The accused who was absconding was arrested on 22.4.1997 and allegedly on a statement made by him, the weapon in question being chopper (marked as MO 11), his clothing, as well as some ornaments of the deceased pledged with pawn broker were recovered.

7. The prosecution with a view to establish the guilt of the appellant examined 21 witnesses. The learned Sessions Judge convicted the appellant but acquitted the other two accused. The High Court, as noticed hereinbefore, upheld the said judgment of conviction.

8. Mr. S. Sadasiva Reddy, learned counsel appearing on behalf of the appellant, would submit that the courts below committed a serious error in passing the impugned judgment of conviction and sentence inasmuch as there was no eye-witness to the occurrence and the entire case was based upon the circumstantial evidence. Having regard to the fact that the accused was also not last seen with the deceased and the recovery of the chopper , according to the learned counsel being doubtful, the impugned judgment should be set aside. It was pointed out that the report of the serologist was also not produced. As regard the order of sentence passed by the High Court, the learned counsel would submit that this case cannot be said to be one of the rarest of rare cases warranting death penalty.

9. The