imposing death penalty when the onus to elicit information necessary for the purpose of sentencing is on the court as held in Bachan Singh (supra). It is also argued that the High Court has overlooked the condition laid down in Bachan Singh (supra) that the State has to prove that the accused does not demonstrate any probability of reformation or rehabilitation. On the above-mentioned grounds, the counsel for the appellant prays that the death sentence imposed be commuted to imprisonment for life. 7. According to the counsel for the respondent State, the mens rea of the appellant was of high degree and intensity and that the Courts were right in imposing death penalty. It has also been pointed out that the appellant had a previous criminal background with the same family in a Section 376 IPC case and thus it is a case where he has failed to reform himself. The respondent has also advanced arguments based on the testimony of the child witness, placing reliance on Sonu Sardar v. State of Chhattisgarh 3. The blows delivered by the appellant were intended to commit murder as all the injuries were severe and inflicted on vital parts. The counsel also pointed out that the appellant had previous enmity with the family and the murder was carried out in cold blood and in a premeditated manner, without any provocation from the victims. The appellant has not attempted to establish that the act was committed by him due 3 (2012) 4 SCC 97 5