( 1 ) THIS is a petition under Article 32 of the Constitution of India putting in issue the order of the President of India under Article 72 of the constitution rejecting the petitioners prayer for pardon.

( 2 ) WE have heard Shri Colin Gonsalves, the learned counsel for the petitioner for about 1-1/2 hours as also Shri Altaf Ahmed, learned Senior counsel for the State of West Bengal present on caveat.

( 3 ) THE convict in this case has been held guilty of offences punishable under Sections 376, 380 and 302 of the Indian Penal Code and sentenced to death under Section 302 IPC. The capital sentence passed by the learned additional Sessions Judge, Alipore was confirmed by the High Court, on the death reference having been dismissed. The matter came to this Court and the appeal filed by the convict was dismissed on 11-1-1994 by the decision of this Court in Dhananjoy Chatterjee v. State of W. B. 1 The learned Sessions judge, the High Court and this Court have all recorded a finding that the case was "rarest of the rare cases" warranting the award of capital punishment.

( 4 ) IN the decision of this Court in Dhananjoy Chatterjee it is clear that anxious consideration was given to the q