believe that the same do not create a reasonable doubt in the
mind of this Court. The five-fold test prescribed by Fazal Ali J. in
Sharad Birdhichand Sarda v. State of Maharashtra3 are
satisfied as the circumstances relied upon are fully established;
they are conclusive in nature and tendency; the chain of evidence
is so complete as not to leave any reasonable ground for
conclusion consistent with the innocence of the appellant; the
facts established are consistent only with the hypothesis of the
guilt of the accused and exclude every hypothesis except the one
proved. The decision of the High Court as well as the District and
Sessions Court convicting the appellant for rape and murder of R
etc., thus, is upheld.
22.
Having established the culpability of the accused, we shall
proceed to examine the issue of sentencing. As noted previously,
the appellant has been sentenced to death for the offence under
Section 302, which sentence has been confirmed by the High
Court, along with prison sentences as set out in paragraph 1 of
this judgment.
23.
The impugned judgment reveals extensive study of case-law on
part of the High Court in considering the death sentence imposed
by the trial court. On an overall view of the facts and
3
(1984) 4 SCC 116
Criminal Appeal Nos. 1473-1474 of 2017
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