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