ORDER

1. Delay condoned.

2. This petition has been filed against the impugned judgment and Order dated 8.2.2012 passed by the High Court of Judicature at Allahabad in Criminal Appeal (Capital Case) No. 7760 of 2009, by which the High Court has commuted the death sentence awarded to the respondent by the Sessions Court, in life imprisonment upon recording its conclusion that it was not among the `rarest of rare cases’, in which death penalty could be awarded.

3. Facts and circumstances giving rise to this petition are as follows: A. The respondent was engaged in the work of whitewash in the house of one Shyam Ji Sharma, resident of Tulsi Vihar Colony, Varanasi and his very close relative Divya Rani was staying with him, as she was appearing for her Intermediate examination. The complainant Shyam Ji Sharma alongwith his wife Rajni Sharma had gone to the market on 24.2.2007 to purchase goods while Divya Rani (deceased) was supervising the said work. When the complainant came back with his wife they found the door of the house open and saw that the respondent had killed Divya Rani and was now trying to conceal her body in a tin box after throwing out the clothes contained in it. There