Penal Code, 1860–Sec. 302–Death sentence–Apex Court noted the following mitigating circumstances in the instant case-
(i) There was a rift between the deceased and appellant on account of her talking with PW 10.
(ii) No complaint was made by the relatives of deceased in regard to conduct and behaviour of appellant prior to incident.
(iii) Appellant was in such a mental state that he wanted to commit suicide and inflicted injuries to his own throat.
(iv) He felt great remorse and was sorry for his act.
(v) He himself is the greatest sufferer as the result of commission of crime.
Held, the case does not fall in the category of rarest of rare case and sentence deserves to be commuted to life imprisonment.
