N. A. BRITTO, J. :- This appeal is by the accused who has been convicted and sentenced, inter alia, to suffer death penalty under Section 302, I.P.C. by Judgment dated 19-11-2005 of the learned Additional Sessions Judge, Margao.

2. As far as confirming the said death penalty is concerned, the learned Public Prosecutor has submitted, and in our view rightly, that the case does not call for the imposition of extreme penalty of death.

3. The accused was charged and tried under Sections 302, 392, I.P.C. and has been convicted and sentenced under Section 302 and 379, I.P.C. Under Section 302, I.P.C., in addition to the death penalty, the accused was sentenced to pay fine of Rs.25,000/- and in default to undergo RI for two years and under Section 379 I.P.C., the accused was sentenced to undergo RI for two years.

4. The undisputed facts are as follows:

Raya Datta Fal Dessai, aged 65 years and his wife Smt. Saraswati @ Shantu Fal Dessai, aged 60 years, popularly known as 'Dada' and 'Ayee' respectively, (and we shall refer to them as such, herein after), were residing in an isolated house situated in a cashew grove in a forest area belonging to Manvar Audi, surveyed under Nos.30/l and 3