R. Basant, J.

1. (i) Has the guilt of the accused been established beyond doubt by the circumstances proved by the prosecution.

(ii) Is the instant case one that belongs to the category of rarest of rare cases, where the alternative options of punishment are unquestionably foreclosed and a sentence of death has to be imposed as laid down in Bachan Singh v. State of Punjab (1980)2 SCC 684.?

(iii) Does the decision in Swamy Shraddananda (2) v. State of Karnataka (2008(13) SCC 767) raise the bar further in the attempt to identify the rarest of rare cases where a sentence of death can be imposed and is liable to be confirmed?

These questions arise for consideration in this Death Sentence Reference and the Criminal Appeal, which we dispose of by this common judgment.

2. Navas @ Mulanavas, a person aged about 28 years has been found guilty, convicted and sentenced in a prosecution for the offences punishable under Sections 449, 302 and 309 IPC. He faces a sentence of death for the offence under Section 302 IPC, sentence of rigorous imprisonment for a period of five years and fine of Rs.1,000/- under Section 449 IPC and simple imprisonment for a period of two months and a fine of Rs.50