Judgment

PALEKAR, J.:- In this appeal which came before us by special leave we are concerned only with the sentence, since the special leave was limited to the question of sentence.

2. The present appellant Mohd. Aslam s/o Faiyaz Hussain and a friend of his Saidullah were both convicted by the learned Sessions Judge of Pilibhit for offences under Section 302 and Section 302 r/w Section 34, I.P.C., and while the appellant Mohd. Aslam was sentenced to death, Saidullah was sentenced to life imprisonment. Their appeal was dismissed by the High Court at Allahabad and the sentence of death passed on the appellant Mohd. Aslam was confirmed.

3. So far as the conviction of the appellant is concerned we do not think there can be any objection to the same. The appellant s conviction under Section 302, I.P.C. for the murder of his brother-in-law Manzoor Hussain was correct and we do not see any good ground for interference. The only question with which we propose to deal is the sentence imposed on him.

4. The appellant was hardly 19 or 20 years old when he committed the offence. The learned Sessions Judge duly noted that the appellant was young but was of the view that his "age would not come into