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circumstances of the case and applying the law laid down by this
Court in the case of Sunil (supra), we are of the opinion that in the
facts and circumstances of the case, the decision of capital
punishment is not warranted. We have considered each of the
circumstance and the crime as well as the facts leading to the
commission of the crime by the accused. Though, we acknowledge the
gravity of the offence, we are unable to satisfy ourselves that this case
would fall in the category of ‘rarest of rare case’ warranting the death
sentence. The offence committed, undoubtedly, can be said to be
brutal, but does not warrant death sentence. It is required to be noted
that the accused was not a previous convict or a professional killer. At
the time of commission of offence, he was 22 years of age. His jail
conduct is also reported to be good.
8. Considering the aforesaid mitigating circumstances and considering
the decision of this Court in Bachan Singh v. State of Punjab (1980) 2
SCC 684 as well as another decision of this Court in Shyam Singh
alias Bhima v. State of Madhya Pradesh (2017) 11 SCC 265 and the
decision of this Court in Sunil (Supra), we think that it will be in the
interest of justice to commute the death sentence to life imprisonment.
9. In view of the reasons stated above, present appeal is allowed in
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