Gopal Sri Ram JCA:

[1]This is the judgment of the court.

[2]The appellant was originally charged for the offence of murder under s. 302 of the Penal Code. However, at the commencement of his trial an amended charge under s. 304(a) of the Penal Code was tendered by the prosecution. The accused pleaded guilty to the amended charge. He was sentenced to 19 years imprisonment with effect from date of arrest. He has appealed to us on the measure of sentence. His complaint is that the sentence is manifestly excessive.

[3]The facts of this case are straightforward. The victim, a lady was on her way home when she was accosted by the appellant who was riding a motorcycle. He made advances to her which she repelled. She then ran into her home and was pursued by the appellant who killed her with a hammer. The medical evidence shows that the victim died from a single blow to her head. Under these circumstances it can hardly be contested that the offence was committed in a most brutal fashion. It was suggested by learned counsel for the appellant that there was provocation in this case. It was also submitted that the sentencing court had taken into irrelevant considerations and failed t