Judgment

JUDGMENT :- The appellant Ummilal was convicted by the learned Additional Sessions Judge, Seoni, Madhya Pradesh, under Section 302 of the Penal Code on the charge that at about 12 noon on October 20, 1977, he committed the murder of his brothers wife, Faggobai and her 9 year old son Suresh Kumar. The sentence of death imposed upon the appellant for the aforesaid offence was confirmed by the High Court and hence this appeal by special leave.

2. There is clear and incontrovertible evidence to prove the charge that the appellant committed the murder of Faggobai and Suresh Kumar. Khilai, P.W. 4 and Ballu, P.W. 14 as also the dying declaration Exh. P-17 of the deceased Faggobai, which was recorded by Dr. Jain, P.W. 15, leave no manner of doubt on that aspect of the matter. Shri T. U. Mehta who appears on behalf of the appellant has not been able successfully to persuade us to take a view contrary to that taken by the trial Court and the High Court on the merits of the conviction.

3. The only question which survives for consideration is as to whether the sentence of death must be confirmed. Having given our best consideration to this matter we find ourselves unable to agree that th