Thereupon, he used his sword with both hands chopping off the right hand of the deceased above the wrist.
There was numberjustification for meeting out a harsher treatment to the appellant in the matter of sentence.
The companypanions of the appellant to whom the other serious injuries found on the deceased were ascribed have either been acquitted or awarded the lesser sentence on companyviction under Section 302/149, Penal Code.
But for this instigation, it is submitted, the appellant would number have companymitted this crime.
Miss Lily Thomas, appearing as amicus curiae for the appellant, has pointed out these circumstances which according to her can be taken, in mitigation of the capital sentence.
This inquiry also, according to the medical officer who companyducted the autopsy, caused death by bleeding.
Unfortunately, numberexplanation has been given of these injuries by the prosecution.
That appellant had received numberless than nine injuries including two incised injuries on the head.
It was the prosecution case itself that when the appellant and his companypanions went for assault on the deceased at the house of PW 14, the appellant who was armed with a big sword had first hesitated for a moment to assault the deceased, but A 3 instigated him.
He has ascribed his other injuries to some of the prosecution witnesses.
9 with a big knife.
The appellant inflicted only one out of the seven injuries found oh the body of the deceased.
P.C. he stated that those injuries on the head were caused by PW.
