STATE OF MAHARASHTRAversusNISAR RAMZAN SAYYED

                       [2017] 3 S.C.R. 909


                 STATE OF MAHARASHTRA                               A
                               v.
                  NISAR RAMZAN SAYYED
             (Criminal Appeal Nos. 865-866 of 2013)
                         APRIL 07, 2017                             B
  [PINAKI CHANDRA GHOSE AND R. F. NARIMAN, JJ.]
       Penal Code, 1860- ss.302 and 498-A - Dowry death - Death
by burning - Conviction and death sentence by trial court -
Acquittal by High Court - Prosecution case was that the victim- C
deceased was harassed by respondent-husband for not bringing
money and on the fatefi1l day, respondent poured kerosene oil on
the deceased and also threw her three year old son on her burning
body - Both sustained burn injuries - Her son died on the spot due
to burn injuries - Deceased succumbed to her injuries few days
after the incident - Trial court convicted respondent ulss.302 and D
498-A and passed death sentence - High Court reversed the order
of trial court - O'l appeal, held: There was no eye-witness of the
incident and the prosecution was totally depending upon the dying
declarations of the deceased - The role attributed to respondent
was consistent with all the dying declarations whereby it was proved E
 beyond all reasonable doubt that the respondent had poured
kerosene on his wife and set her on fire - Each of the circumstances
 were established, the cumulative effect whereof showed that all the
 links in the chain were complete and the conclusion of the guilt was
fully established - Respondent was guilty of the offence of causing
 death of his pregnant wife and minor child - As regards sentence, F
 confinement till natural life of the respondent ordered in peculiar
facts and circumstances of the present case.
       Sentence/Sentencing - Death sentence - Sentencing in case
of murder of wife and minor son - Held: The Law Commission of
India has recommended the abolition of death penalty for all the G
crimes other than terrorism related offences and waging war
(offences affecting National Security) - Today capital punishment
has become a distinctive feature of death penalty apparatus in India
which somehow breaches the reformative theory of punishment under
 criminal law - Therefore, in the instant case, death sentence is not
                                                                      H
                                 909
910           SUPREME COURT REPORTS                     [2017] 3 S.C.R.


A awarded in the peculiar facts and circumstances of this case.
           Allowing the appeals, the Court
            HELD: 1. There were three written dying declarations
      recorded before PW8-Doctor, PW7-ASI and Circle Inspector,
      respectively. Three oral dying declarations were given before
B     PW-1, PW.:Z and PW-3, respectively. The role attributed to
      accused No.1 (respondent) was consistent in all the dying
      declarations whereby it was proved beyond all reasonable doubt
      that the respondent had poured kerosene on his wife and set her
      on fire in their house itself during early hours of 29'h October,
c     2010. The demand of an amount of Rs.50,000/- by accused No.1
      was also reiterated by the deceased in her dying declarations.
      The Medical Officer gave his opinion in the letter issued IJy PW7-
      ASI inquiring about the conscious mental state of the deceased
      while stating the cause of the burn injuries on the victim wife.
      [Para 6][914-E-G}
D
           2. The spot Panchnama was duly proved by PWll-
     Investigating Officer of the case whereby recovery of kerosene
     mixed soil, burnt pieces of Saree and Blouse etc. was proved.
     The factum of pregnancy before death of deceased was also proved
  . by PW9-doctor. The typical conduct of the accused respondent
E also described his guilty intention of neglecting his wife when
     she was on her death bed as there was no evidence on record to
   . prove that the respondent got the deceased admitted to the
     hospital. Respondent in his statement under Section 3:i 3 of the
     Code of Criminal Procedure, 1973 had stated about the t'treat of
F his wife committing suicide. He had further stated that he had
     made a complaint to Newasa Police Station. However, the trial
     court rightly appreciated the evidence on record whereby it was
     proved from the N.C. Register of Newasa Police Station that no
     such complaint was lodged by the respondent during the relevant
     days. On the date of the incident, the respondent and his deceased
G wife were in their house and that the deceased met an unnatural
     deati1 was proved by medical evidence. Under these
     circumstances where there was no other eye-witness to the
     incident, the failure on the part of the accused respondent to
     explain how his pregnant wife and their minor child met with
H unnatural death due to burn injuries sustained at their house leads
  STATE OF MAHAilASHTRA v. NISAR RAMZAN SAYYED                      911


to an inference which goes against the accused respondent. The A
vHious circumstances pointed to the guilt of the respondent and
r·!spondent alone. It is evident that each of the circumstances
were established, the cumulative effect whereof would show that
::ii the links in the chain were complete and the conclusion of the
guilt was fully established. Therefore, the respondent was guilty B
of the offence causing death of his pregnant wife and minor child.
[Paras 6, 7, 10 and 13][916-D-F; 918-C-E; 919-E-F]
       3. A life is at stake subject to human error and discrepancies
and therefore the doctrine of 'rarest of rare cases', which is not
res-i11tegra in awarding the death penalty, shall be applied while
considering quantum of sentence in the present case. Not so far C
but too recently, the Law Commission of India has submitted its
Report No.262 titled "The Death Penalty" after the reference
was made from this Court to study the issue of Death Penalty in
India to "allow for a1~ up-to-date and informed discussion and
debate on t)Iis subjrct". The Law Commission of India has D
recommended the abolition of death penalty for all the crimes
other than terrorism related offences and waging war (offences
affecting National Security). Today when capital punishment has
become a distinctive feature of death penalty apparatus in India
which breaches the reformative theory of punishment under
criminal law, the same is not awarded in the peculiar facts and E
circumstances of the present case. Therefore, confinement till
natural life of the accused respondent shall fulfill the requisite
criteria of punishment in peculiar facts and circumstances of the
present case. [Para 14)(919-F-H; 920-A-B]
       Satish Ambanna Bansode v. State of Maharashtra                 F
      (2009) 11 SCC 217 : [2009] 3 SCR 1166; Paniben v.
      State of Gujarat (1992) 2 SCC 474 : [1992] 2 SCR
      197; Surinder Kumar v. State of Haryana (2011) 10
      SCC 173 : [2011] 12 SCR 1205; Swamy Shraddananda
      v. State of Karnataka (2007) 12 SCC 288 : [2007] 7             G
      SCR 616; Munna Kumar Upadhyay v. State of Andhra
      Pradesh (2012) 6 SCC 174 : [2012] 6 SCR 611; Uka
      Ram v. State of Rajasthan (2001) 5 SCC 254 : [2001] 2
      SCR 1052; Babula! & Ors. v. State of MP (2003) 12
      SCC 490 : [2003] 5 Suppl. SCR 54; Muthu Kutty &
                                                                     H
912           SUPREME COURT REPORTS                      [2017] 3 S.C.R.


A          Am: v. State (2005) 9 SCC 113 : [2004) 6 Suppl. SCR
           222; Dharam Pal & Ors. v. State of Uttar Pradesh
           (2008) 17 SCC 337 : [2008) 1 SCR 65; Lakhan v.
           State of Madhya Pradesh (2010) 8 SCC 514 : [2010) 9
           SCR 705 - relied on.
B                            Case law reference
             [2009) 3 -.SCR 1166             relied on       Para6
             [1992) 2 SCR 197                relied on       Para6
             [2001] 12 SCR 1205              relied on       Para9
c            [2007] 7 SCR 616                relied on       Para 10
             [2012] 6 SCR 611                relied on       Para 11
             [2001] 2 SCR 1052               relied on       Para 12
             [2003] 5 Suppl. SCR 54          relied on       Para 12
D            [2004] 6 Suppl. SCR 222         relied on       Para 12
             [2008] 1 SCR 65                 relied on       Para 12
             [2010] 9 SCR 705                relied on       Para 12
            CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
 E    Nos;-365-866 of2013.
            From the Judgment and Order dated 19.03.2012 of the High Court
      of Bombay, Bench at Aurangabad in Criminal Appeal No. 584 of2011
      with Confirmation Case No. I of2011.
 F         Kuna! A. Cheema, Yogesh K. Ahirrao, Nishant Ramakantrao
      Katneshwarkar, Advs. for the Appellant.
            Atul Babasaheb Dakh, Ad.v. for the Respondent.
            The Judgment of the Court was delivered by
          PINAKI CHANDRA GROSE, J. 1. These appeals have been
 G directed against the judgment and order dated l 9'h March, 2012 passed
   by the High Court of Judicature at Bombay, Bench at Aurangabad, in
   Confirmation Case No.I of201 l with Criminal Appeal No.584 of201 l,
   whereby the conviction order dated 22"'1 September, 2011 passed by
   learned District Judge-3 and Additional Sessions Judge, Shrirampur,
 H
  STATE OF MAHARASHTRA v. NISAR RAMZAN SAYYED                           913
            [PINAKI CHANDRA GROSE, J.]

against the respondent herein was quashed and set-aside. The A
Confirmation Case No. I of2011 was filed by the State for confirmation
of 1he death sentence awarded to the accused respondent. The High
Court, however, rejected the death sentence and acquitted the accused
respondent.
    2. The brief facts leading to present criminal appeals may be       B
summarized as follows:
       Respondent Nisar Ramzan Sayyed got married with one
Summayya (deceased herein) on 30.03.2007. After the marriage they
were jointly living with the respondent's family and were blessed with a
male child, namely Sayej who was three years old on the fateful day of c
incident. The deceased was seven months pregnant at the time of the
incident. The respondent and his family members treated Summayya
well for a period of one year after the marriage. Thereafter, the
respondent started ill-treating her on the pretext of demand ofRs.50,000/
- for purchasing an auto rickshaw. As the financial condition of the father
of Summayya was poor, the said demand could not be met. The D
respondent continued the act of ill-treatment with the deceased. On 29'h
October, 2010 at 5:00 a.m. the respondent herein allegedly set the
deceased on fire by pouring kerosene oil and also threw the son (Sayej)
on the burning body of the deceased. Summayya and her son sustained
burn injuries. Thereafter the deceased was taken to the hospital by the E
respondent but her son died on the spot due to burn injuries. The deceased
succumbed to her injuries on 3"1 November, 20 I 0 after giving birth to a
dead baby fetus.
       3. Law was set into motion against the respondent and his family
members when FIR No.I-227 of 2010 was lodged at Police Station F
New as a at the instance of one Nisar Ashraf Pathan after registration of
report AD No. 91 of 2010 under Section 17 4 of Code of Criminal
Procedure. Learned'A.dditional Sessions Judge while taking cognizance
on th1: basis of charge-sheet No.12 of 2011 received on 27.01.2011
initiated Sessions Case No.18 of201 I and vide his judgment and order
dated 22"d September, 2011 convicted the respondent herein for the G
offence punishable under Sections 302 and 498-A of the Indian Penal
Code, 1860 and sentenced him to suffer death sentence and pay a fine
of Rs.2000/-. Five other accused who were family members of the
respondent were, however, acquitted from all the charges.
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914          SUPREME COURT REPORTS                         [2017] 3 S.C.R.


A        4. The respondent herein preferred Crimirtal Appeal No.584 of
  2011 before the High Court against the above-noted conviction order
  and the State of Maharashtra filed Confirmation Case No. I of 2011 for
  confirmation of the death sentence awarded to the respondent by the
  Trial Court. The High Court vide impugned judgment quashed and set-
  aside the conviction order passed against the respondent herein and
B
  consequently, the death sentence confirmation case was dismissed.
  Hence, the present appeals before us by the State of Maharashtra.
         5. We have heard the learned counsel on both sides. On a perusal
  of the judgments passed by the High Court and the Trial Couti, we find
  that in the present case there is no eye-witness of the incident and the
C prosecution has been totally depending upon the dying declarntions of
  the deceased, namely, Summayya. There are three written and three
  oral dying declarations. Since there is no direct evidence but only dying
  declarations of the deceased and proof proffered by the prosecution,
  tested by the conventional process of cross-examination and the standard .
D yardsticks of credibility, we confine ourselves to the contentious issue of
  acquittal order and its legality.
         6. From a perusal of the records of the Courts below, we have
  noticed that there are three written dying declarations viz, Exhibit No.61,
  Exhibit No.67 and Exhibit No. 73, recorded before PW8-Dr.Prabhakar,
E PW7-ASI Argade and Circle Inspector, respectively. Three oral dying
  declarations were given before PW-1, PW-2 and PW-3, respectively.
  The role attributed to accused No. I (respondent herein) is cons:.Stent in
  all the dying declarations whereby it has been proved beyond all
  reasonable doubt that the respondent herein had poured kerosene on his
  wife and set her on fire in their house itself during early hours of 29'h
F October, 2010. The.demand of an amount of Rs.50,000/- by accused
  No. I was also reiterated by the deceased in her dying declarations. The
  Medical Officer gave his opinion in the Jetter issued by PW7-ASIArgade,
  inquiring about the conscious mental state of the deceased while stating
  the cause of the burn injuries on the victim wife. The Trial Court has
G rightly relied on the judgment passed by this Comi in Salish Ambanna
  Bansode Vs. State of Maharashtra, (2009) 11 SCC 217, wherein this
  court reiterated the principles governing dying declaration which had
  been elaborately discussed in an earlier decision of Paniben Vs. State
  of Gujarat, (1992) 2 SCC 474 in para 18. Relevant pa1i of the relied
  judgment is reproduced herein below:
H
STATE OF MAHARASHTRA v. NISAR RAMZAN SAYYED                            915
          [PINAKI CHANDRA GHOSE, J.]

  "14 .... (i) There is neither rule of law nor of prudence that       A
  dying declaration cannot be acted upon without
  corroboration. [See: MumJU Raja v. State of M.P. (J 976) 3
  sec    J04J
  (ii) If the court is satisfied that the dying declaration is true
  and voluntary it can base conviction on it, without                  B
  corroboration. [See: State of U.P. v. Ram Sagar Yadav (1985)
  J SCC 552, and Ramawati Devi v. State of Bihar (1983) 1
  sec 211}.
  (iii) The court has to scrutinise the dying declaration careji1lly
  ai1d must ensure that the declaratfon is not the result of           c
  tutoring, prompting or imagination. The deceased had an
  opportunity to observe and identify the assailants and was in
  a fit state to make the declaration. [See: K. Ramachandra
  Reddy v. Public Prosecutor (1976) 3 SCC 618}.
  (iv) Where a dying declaration is suspicious, it should not be D
  acted upon without corroborative evidence. [See: Rasheed
  Beg v. State of M.P., (1974) 4 SCC 264.]
   (v) Where the deceased was unconscious and could never
   make any dying declaration the evidence with regard to it is
   to be rejected. [See: Kake Singh v. State of M.P., (1981) Supp.     E
   sec   25.J
   (vi) A dying declaration which suffers from infirmity cannot
  form the basis of conviction. [See: Ram Manorath v. State of
   u.P.. (1981) 2  sec 654.J
  _(vii) Merely because a dying declaration does not contain            F
   the details as to the occurrence, it is not to be rejected. [See
   State of Maharashtra v. Krishnamurti Laxmipati Naidu, (1980)
   Supp.  sec   455.J
   (viii) Equally, mere(v because it is a brief statement, it is not
   to be discarded. On the contrary, the shortness of the statement     G
   itself guarantees truth. [See: Surajdeo Ojha v. State of Bihar,
   (1980) Supp.   sec   769]
   (ix) Normally, the court in order to satisfy whether thfj
   deceased was in a fit mental condition to make the dying
                                                                        H
916            SUPREME COURT REPORTS                         [2017] 3 S.C.R.


A           declaration looks up to the medical opinion. But where the
            eyewitness said that the deceased was in a fit and conscious
            state to make the dying declaration, the medical opinion cannot
            prevail.[See: Nanhau Ram v. State of MP, (1988) Supp. SCC
            152.]
B           (x) Where the prosecution version differs from the version as
            given in the dying declaration, the said declaration cannot
            be acted upon. [See: State of UP v. Madan Mohan (198Y) 3
            sec 390.J
            (xi) Where there are more than one statements in the nature of
C           dying declaration, the one first in point of time must be
            preferred. Of course, if the plurality of the dying declaration
            could be held to be trustworthy mid reliable, it has to be
            accepted. [See: Mohan/a/ Gangaram Gehani v. State of
            Maharashtra, (1982) 1 SCC 700.]"
D           In our considered opinion the High Court erred in acquitting the
      respondent herein as the spot Panchnama, being Exhibit-86, was duly
      proved by PW H-Investigating Officer of the case whereby recovery of
      kerosene mixed soil, burnt pieces of Saree and Blouse etc. etc. was
      proved.
E         7. We have also noticed that factum of pregnancy before death
  of deceased was also proved by PW9-Dr. Nitin Sudhakar Samudra.
  The typical conduct of the accused respondent also describes his guilty
  intention of neglecting his wife when she was on death bed as there is
  no evidence on record to prove that the respondent got the deceased
  admitted in Wadala Mission Hospital. From the testimony of the
F Inves!igating Officer during the cross-examination, it has beer. proved
  that the height between floor and the roof of spot of incident is 1. 3 to 14
  feet and the roof is covered by dried sugarcane leaves which were put
  on the plastic gunny bags. The Trial Court has rightly appreciated that it
  is not possible to cause any damage to the said roof due to the incident.
G        8. Mr. KunalA. Cheema, learned counsel appearing for.the State
  ofMaharashtra contended that under these circumstances the respondent
  and other accused had caused triple murder in one shot and taken lives
  of innocent and helpless persons, including a human being who had not
  even seen the light of the day. It was further submitted by the learned
H counsel that the officers of Executive Magistrate's office are independent
  STATE OF MAHARASHTRA v. NISAR RAMZAN SAYYED                            917
            [PINAKI CHANDRA GHOSE, J.]

persons and as a matter of safety, the statements are kept in sealed A
condition to prevent tampering or manipulating the same. Therefore,
there is no reason to doubt Ext.-61. Furthermore, once the dying
declarations are duly proved and it is admitted that the deceased and the
minor child were in the custody of the accused persons, it is for the
accused to show that facts were otherwise. Learned counsel further
                                                                           B
argued that the delay in registering the FIR was due to the fact that the
incident happened in the jurisdiction of different police stations and the
hospital in which treatment was given was in different jurisdiction, as
could be seen from the FIR, Ext.67 and Ext.61.
       9. Per Contra, Mr. Atul Babasaheb Dakh, learned counsel
appearing for the respondent argued that albeit admittedly, the roof of C
the house was made of sugarcane leaves, there were domestic articles
and utensils kept in the room of the accused. As per the arguments
advanced by the learned counsel for the respondent, the prosecution
failed to prove that the alleged incident took place in the house as there
was no sign of burning on the roof (chhappar) of the house.' The same D
was stated by PW 10 - Police Head Constable who was the first person
to visit the place of occurrence and this was corroborated by the 1.0.
who had conducted spot Panchnama. It was further argued that the
 dying dedaration Ext.-67 cannot be made admissible with regard to the
 place of occurrence because PW-I 0 in his statement has averred that
 the dead body of 3-year old son was found at a distance of 200-250 ft. E
 away from the house of the accused. The learned counsel for the
 respondent concluded his arguments by submitting that the dying
 declarations, which suffered from infirmity, cannot form the basis of
 conviction and in support ofthis he relied upon judgment of this Court in
 Surinder Kumar Vs. State of Haryana, (201 I) 10 SCC 173, wherein F
 this Court observed:
       "28. Though there is neither rule of law nor of prudence that
       dying declaration cannot be acted upon without corroboration·
       but the court must be satisfied that the dying declaration is
       true and voluntary and in that event, there is no impediment G
       in basing conviction on it, without corroboration. It is the
       duty of the court to scrutinise the dying declaration careji1lly
       and must ensure that the declaration is not the result o}'-
       tutoring, prompting or imagination. Where a dying declaration
        is suspicious. it should not be acted upon without
         .                                                        .        H
918             SUPREME COURT REPORTS                          [2017] 3 S.C.R.


A            corroborative evidence. Likewise, where the deceased was
             unconscious and could never make any declaration the
             evidence with regard to it is rejected. The dying declaration
             which suffers from infirmity cannot form the basis o/
             conviction. All these principles have been ji1!/y adhered to by
             the trial court and rightly acquitted the accused and on w1v11g
B
             assumption the High Court inte1fered with the order of
             acquittal. ··
            10. Respondent herein in his statement under Section 313 of the
    Code of Criminal Procedure, 1973 has stated about the threat by his
    wife of committing suicide. He has further stated that he had made a
C complaint to Newasa Police Station. However, the Trial Court has rightly
    appreciated the evidence on record whereby it was proved from the
    N.C. Register of Newasa Police Station that no such complaint was
    lodged by the respondent herein during the relevant days. On the date of
  . the incident the respondent and his deceased wife were in their house
D and that the deceased met an unnatural death has been proved by medical
    evidence. Under these circumstances where there is no other eye-witness
    to the incident, the failure on the part of the accused respondent to explain
  · how his pregnant wife and their minor child met with unnatural death
    due to burn injuries sustained at their house leads to an inference which
    goes against the accused respondent, This relevant proposition of law
E was discussed by this Court iil the case of Swamy Shraddananda Vs.
    State ofKarnataka, (2007) 12 SCC 288. The relevant part of the judgment
    is"reproduced hereunder:
            "If it is proved that the deceased died in an unnatural
            circumstance in her bed room, which was occupied ~mly by
F           her and her husband, law requires the husband to offer an
            explanation in this behalf. We, however, do not intend to lay'
            down a general law in this behalf as much would depend
           ·upon the facts and circumstances of each case. Absence of
            any explanation by the husband would lead to an inference
G           which ·would lead to a circumstance against the accused. " ·
           11. It is also discussed by this Court in the case of Munna Kumar
      Upadhyay Vs. State ofAndhra Pradesh, (2012) 6 SCC 174 at para 73
      as follows:                                ·
             "It is a settled law that the statement under Section 313 CrPC
H
  STATE OF MAHARASHTRA v. NISAR RAMZAN SAYYED                            919
            [PINAKI CHANDRA GROSE, J.]

      is to serve a dual purpose, firstly, to afford to the accused an   A
      opportunity to explain his conduct and second~v to use denials
      of established facts as incriminating evidence against him ... "
        12. Astonishingly we have found the dying declarations of the
deceased with consistent allegations about demand of dowry and modus
operandi of the offence which resulted into the death of the declarant B
and her minor child. Before coming to the conclusion in the present
case, we would like to emphasize on the principle enumerated in the
famous legal maxim of the Law of Evidence i.e., Nemo Moriturus
Praesumitur mentire which means a man will not meet his maker with
a lie in his mouth. Our Indian Law also recognizes this fact that "a dying
man seldom lies" or in other words "truth sits upon the lips of a dying
                                                                           c
man". The relevance of this very fact, though exception to rule of hearsay
evidence, has been discussed in numerous judgments ofthis Court including
Uka Ram Vs. State of Rajasthan, (2001) 5 SCC 254; Babula/ & Ors.
 Vs. State ofM.P., (2003) 12 SCC 490; Mut/111 Kutty & Anr. Vs. State,
(2005) 9 SCC 113; Dharam Pal & Ors. Vs. State of Uttar Pradesh, D
(2008) 17 SCC 337; Lakhan Vs. State of Madhya Pradesh, (2010) 8
 sec 514.
       13. The various circumstances pointing out to the guilt of the
respondent and respondent alone have been enumerated by us
hereinbefore. From our discussions, it is evident that each of the E
circumstances had been established, the cumulative effect whereof would
show that all the links in the chain are complete and the conclusion of .
the guilt is fully established. Therefore, in our considered opinion the
respondent herein is guilty of the offence causing death of his pregnant
wife and minor child.
                                                                           F
       14. The next question, however, is as to whether in a case of this
nature death sentence should be awarded. A life is at stake subject to
human error and discrepancies and therefore the doctrine of 'rarest of
rare cases', which is not res-integra in awarding the death penalty, shall
be applied while considering quantum.of sentence in the present case.
Not so far but too recently, the Law Commission oflndia has submitted G
its Report No.262 titled "The Death Penalty" after the reference was
 made from this Court to study the issue of Death Penalty in India to
 "allow for an up-to-date and informed discussion and debate on this
 subject". We have noticed that the Law Commission of India, has
 recommended the abolition of death penalty for all the crimes other than H
920               SUPREME COURT REPORTS                         [2017] 3 S.C.R.


A terrorism related offences and waging war (offences affecting National
  Security). Today when capital punishment has become a distinctive
  feature of death penalty apparatus in India which somehow breaches
  the reformative theory of punishment under criminal law, we are not
  inclined to award the same in the peculiar facts and circumstances of
B the present case. Therefore, confinement till natural life of the accused
  respondent shall fulfill the requisite criteria of punishment in peculiar
  facts and circumstances of the present case.
              15. Hence, the judgment and order passed by High Court is hereby
      set aside and that of the Trial Court is restored with regard to conviction
      of the accused respondent. However, in the light of the above noted
c     discussions, the death sentence awarded by the Trial Court is hereby
      modii'ied to 'life imprisonment' which will mean imprisonmen! for the
      natural life of the respondent herein. The criminal appeals are allowed
      accordingly in the afore-stated terms.


      Devika Gujral                                               Appeals allowed.