JUDGMENT

S. RATNAVEL PANDIAN, J.:— "To be or not to be hanged" - is the tormenting question that comes up for consideration in this present Writ Petition.

2. The petitioner, Jumman Khan who is facing the gallows on being condemned to death is seeking issuance of a writ of mandamus commanding the respondent (State of U.P.) through its Secretary, Home Department not to carry out the sentence of death awarded to him in case No. 367/ 84 by the Additional District and Sessions Judge, Agra as confirmed by the judgment and order of the High Court of Allahabad as well as the order of this Court dated 20-3-1986, dismissing the Special Leave Petition (Criminal) No. 558/ 86 and also for a direction directing the respondent to commute the sentence of death to one of imprisonment for life. The indubitable factual matrix leading to the filing of the present Writ Petition may be recapitulated.

3. On the fateful day of the occurrence i.e. 22-6-1983 at about 4.00 p.m. the petitioner went to the house of his neighbour Ausaf Khan while he was away and requested Dulhey Khan Begum, wife of Ausaf Khan to allow her six years old daughter, Sakina who, was an unfortunate victim in this case, on the pretext t