Judgment

BHAGWATI, J. - This is an appeal by special leave against an order of conviction and sentence passed against the appellant by the Sessions Court and confirmed by the High Court. The appellant was convicted of offences under S. 302 and S. 394 read with S. 397 of the I.P.C. and for the offence under S. 302, he was sentenced to death while for the other offences under Ss. 394 and 397 he was sentenced to suffer rigorous imprisonment of seven years. On appeal, the order of conviction and sentence was confirmed by the High Court. The appellant thereupon brought the present appeal with special leave obtained from this Court.

2. Though special leave granted by this Court to the appellant was in general terms, the learned counsel appearing on behalf of the appellant pressed the appeal only in regard to question of sentence of death. He contended that having regard to the fact that the appellant was below 18 years of age at the date of commission of the offence, the sentence of death imposed on him should be commuted to that of life imprisonment. There is force in this contention urged on behalf of the appellant. It appears from the answer given by the appellant to question No. 35 put