JUDGMENT

Swatanter Kumar, J. —

The learned trial court, while weighing the mitigating and aggravating circumstances and keeping in mind the principle of proportionality of sentence or what it termed as “just-desert” for the brutal and diabolical killing of three innocent family members, formed an opinion that the Court could not resist from concluding that the only sentence that could be awarded to the accused was death penalty. Thus, it directed that the accused Goraksha Ambaji Adsul be hanged by the neck till he is dead in terms of Section 354(5) of the Code of Criminal Procedure, 1973 (for short `Cr.P.C.’), subject to confirmation by the High Court in accordance with law. Aggrieved by this extreme punishment and the order of conviction, the accused challenged the judgment of the learned trial court dated 14th February, 2005 by filing an appeal before the High Court which vide its detailed judgment dated 30th September, 2005, declined to confirm the death sentence referred under Section 366 of the Cr.P.C. and held the said accused guilty of offence under Sections 302 and 201 of the Indian Penal Code (for short `IPC’), and sentenced him to undergo life imprisonment. In other words