NATTAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The only question that fails to be determined in this appeal by special leave directed against the judgment of the High Court of Madras, is whether the extreme penalty of death was rightly awarded in the case of the appellant.

(2.) Mr. A. V. Rangam for the respondent State, does not dispute the existence of the circumstances, enumerated by Miss Thomas, but points out that the sword which was used, was a formidable weapon and was wielded with both hands and great force in a very cruel manner.

(3.) We, find force in the contentions of Miss Thomas. The circumstances highlighted by her taken cumulatively, do indicate that the capital sentence was not called for. The award of the lesser penalty prescribed for the offence of murder would not have been commensurate with the ends of justice.