JUDGMENT

SARKARIA, J. :— The only question that fails to be determined in this appeal by special leave directed against the judgment of the High Court of Madras, is whether the extreme penalty of death was rightly awarded in the case of the appellant.

Miss Lily Thomas, appearing as amicus curiae for the appellant, has pointed out these circumstances which according to her can be taken in mitigation of the capital sentence :

1. The appellant had received no less than nine injuries including two incised injuries on the head. In his statement under Section 342, Cr. P.C., he stated that those injuries on the head were caused by PW 9 with a big knife. He has ascribed his other injuries to some of the prosecution witnesses. Unfortunately, no explanation has been given of these injuries by the prosecution.

2. It was the prosecution case itself that when the appellant and his companions went for assault on the deceased at the house of PW 14, the appellant who was armed with a big sword, has first hesitated for a moment to assault the deceased, but A3 instigated him. Thereupon, he used his sword with both hands chopping off the right hand of the deceased above the wrist. But for this instigati