consideration, however the age of the appellant/accused at
the time of commission of crime along with other factors can
certainly be taken into consideration as to whether the death
penalty needs to be commuted or not.
15. In the present case, it is to be noted that the appellant
comes from a socio-economic backward stratum of the
society. As already discussed hereinabove, he lost his mother
and brother at the tender age. The appellant and his family
members do not have any criminal background. The
appellant was of a tender age of 22 years when the aforesaid
incident occurred.
16. It cannot be said that the appellant is a hardened
criminal, who cannot be reformed. The possibility of the
appellant, if given the chance of being reformed, cannot be
ruled out.
17. In that view of the matter, we find that in the present
case the confirmation of death penalty would not be justified.
However, at the same time we also find that the ordinary
sentence of life i.e. 14 years imprisonment with remission
would not meet the ends of justice. In our considered view,
the present case would fall in the middle path, as laid down
8
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