Judgment

GOSWAMI, J.:- We have granted special leave in this case limited to the question of sentence and heard the learned counsel, appearing as amicus curiae and also for the State.

2. These are gruesome murders wiping out an entire family of nine persons including two infants.

3. The accused (31), Bachelor of Ayurvedic Medicine and Surgery (B.A.M.S.), a qualified medical practitioner, was a close friend of one of the deceased, Ram Swaroop (40), who was an Upper Division Clerk in the Madhya Pradesh Girls N. C. Battalion at Gwalior. The accused lived only about a furlong away from the deceased. Deceased Ram Swaroop used to practise Homoeopathy as his hobby. There was thus a certain degree of common interest between the accused and deceased Ram Swaroop.

4. Ram Swaroop had his parents, aged 60 years, his wife (35), their two sons and three daughters of the age of 16, 13, 8, 5 and 3 respectively. As stated earlier, the entire family was exterminated. Cash, ornaments and other valuables were also removed at the same time.

5. Murder was committed on the night of 4th July, 1976 and the dead bodies were locked up inside the room and the house was locked from outside. On 6th July foul smell wa