J U D G M E N T

P.P. NAOLEKAR, J.:

1. This appeal arises out of the order of confirmation in Death Reference No. 1 of 2004 & order in Criminal Appeal No. 4 of 2004 filed by the accused-appellant, whereby the High Court was of the view that in the facts and circumstances the case falls under the purview of `rarest of the rare case' and, thus, the death sentence imposed on the accused-appellant is completely justified.

2. The proceedings in the matter arose in the following facts: In the fardbeyan of Pawan Kumar Thakur (PW-3), it is said that the accused Prajeet Kumar Singh, a friend of Prakash Kumar (PW-1) (son of the informant), was living in the house of PW-3 at Supriya Road in Mirja Toli of Bettiah Town for the last four years and was also taking his meals for which he was paying Rs. 500/- per month. However, for the last several months, he had not paid the amount and owed Rs.4,000/- altogether as rent for the house and for food to the informant for which the informant was making demands regularly. Four-five days before the incident, when the informant made a demand, the accused said that he was going home to bring money and thereafter he wen