Judgment :- Sreedharan, J. Appellant in Criminal Appeal 250/1992 was charged with offences under Ss.376, 392 and 302 of the Indian Penal Code. Learned Sessions Judge convicted him for all the said offences. For the offence under S.302 of the Penal Code, accused was sentenced to death, subject to confirmation by the High Court. Accused was also sentenced to undergo rigorous imprisonment for seven years for the offence under S.376 and for five years under S.392 of the Code. Accused challenges the conviction and sentences passed against him by filing Criminal Appeal 250 of 1992. Proceedings submitted by the Sessions Court for confirmation of the sentence of death was numbered as R.T.I of 1992. We heared counsel representing the accused and the learned Additional Director General of Prosecution in detail. 2. Prosecution case, in a nutshell, is to the following effect.--Bindu, aged 17 years, daughter of PW-2, was studying for the 1st year of the Pre-Degree course in Universal Tutorial College, Palode. As usual, she went to the tutorial college at about 8.30 A.M. on 4-4-1991. Usually Bindu was to reach home by about 4.00 P.M. On 4-4-1991, she did not reach home at the usual time. PW-4, while returning home through the pathway passing through the Anjili plantation, after getting down from the bus, found the books, geometry box and chappels of Bindu scattered on the pathway. She also saw a red shirt by the side of the above articles on the pathway. She sent word to PW-2 about the presence of the books and other articles belonging to Bindu on the pathway. PW-2 went to the spot along with her daughter, PW-3.They could not find any of the above mentioned articles or Bindu. Meanwhile dead body of Bindu was located inside the forest about 96 metres to the west of that pathway. 3. PW-1, the brother-in-law of deceased Bindu - elder sister's husband, came to know of the death of Bindu from passengers in the bus in which he was travelling. He got down at Adappupara and proceeded to the spot, where people of the locality had already gathered. He found the dead body of Bindu. Immediately he rushed to the police station at Pangode and tendered Ext.P1 First Information Statement to PW-17, the Assistant Sub Inspector of Police. On the basis of that statement, PW-17 registered Ext. He got down at Adappupara and proceeded to the spot, where people of the locality had already gathered. He found the dead body of Bindu. Immediately he rushed to the police station at Pangode and tendered Ext.P1 First Information Statement to PW-17, the Assistant Sub Inspector of Police. On the basis of that statement, PW-17 registered Ext. P1(a), F.I.R., at 6-40 P.M. PW-18, Circle Inspector of Police, took up the investigation on the same night. On the basis of the information gathered from witnesses, he took the accused into custody at 12.45 A.M. on 5-4-1991- during the same night. PW-18 completed the investigation. His successor in office, PW-19, after verifying the records, laid the charge before Court against the accused for the offences mentioned earlier. 4. To prove the guilt of the accused, PWs.1 to 19 were examined and Exts. P1 to P16 proved. MOs.1 to 29 were also marked on the side of the prosecution. No evidence, either documentary or oral, was let in by the accused. 5. In this case, there is no eyewitness to the occurrence. Prosecution tries to bring home the guilt of the accused on circumstantial evidence. When a case rests on circumstantial evidence, such evidence must satisfy three tests: (1) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established; (2) those circumstance should be of a definite tendency unerringly pointing towards guilt of the accused; and (3) the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else (vide Gambhir v. State of Maharashtra - AIR 1982 SC 1157; Jaharlal Das v. State of Orissa - AIR 1991SC1388). The circumstantial evidence must be complete in all respects in order to point to the guilt of the accused. It should not be inconsistent with his innocence. In the instant case, prosecutions attempt was to show that the evidence not only is consistent with the guilt of the accused but also is inconsistent with his innocence. Prosecution establishes the following circumstances.-Accused was familiar to the victim, Bindu. He was in love with her, though there is nothing on record to show that it was being reciprocated by Bindu. After the class, Bindu got down from the bus at Adappupara. Prosecution establishes the following circumstances.-Accused was familiar to the victim, Bindu. He was in love with her, though there is nothing on record to show that it was being reciprocated by Bindu. After the class, Bindu got down from the bus at Adappupara. She had to pass through the lane which is lying across the Anjili plantation for reaching her home. A few minutes prior to her arrival at Adappupara, accused was at that place wearing a red shirt. Books, tiffin carrier, instrument box, chappels etc. of Bindu were seen lying scattered on the lane. Red shirt, belonging to the accused, was also seen near those articles. Bindu's dead body was seen at a place nearly 96 metres away from the lane in the Anjili plantation. The grass and plants there were seen crushed. Within hours after the incident, accused was arrested. On the basis of the information given by the accused, MO-1 series of gold ornaments, which were worn by Bindu, were recovered under Ext.P2 mahazar. The other articles of Bindu, like books, tiffin carrier, chappels, instrument box, etc. were recovered under Ext.P3 mahazar on the basis of the information furnished by the accused himself. Human scalp hair collected from the place of occurrence were found similar to the samples of scalp hair of the accused. Two swabs containing saliva taken from the dead body were subjected to chemical analysis for comparing it with the saliva taken from the accused. They were found to be of non secreter group. 6. PWs. 2 and 3 are the mother and sister of deceased Bindu. PW-4isoneof the friends of Bindu. Evidence of these witnesses would prove that deceased used to go to the college in the company of PWs. 3 and 4 in the morning and used to return by about 4.00 P.M. PW-3, who was undergoing training in Craft, returns home by about 2.00 P.M. and PW-4 reaches home late. On the date of occurrence, PW-3 returned home in the afternoon. She got down from the bus at Adappupara. Accused, who was in the bus, got down at that place and followed PW-3 upto her house. At that time, he was wearing MO-4 red shirt and white dhoti. On reaching the house of PW-3, accused enquired about Bindu with PWs. 2 and 3. He asked them about the time of Bindu's return. Accused, who was in the bus, got down at that place and followed PW-3 upto her house. At that time, he was wearing MO-4 red shirt and white dhoti. On reaching the house of PW-3, accused enquired about Bindu with PWs. 2 and 3. He asked them about the time of Bindu's return. Though he left the house of PW-2, a little later he returned and asked whether Bindu had reached home. At that time, he was wearing the red shirt, MO-4, and a coloured lungi. 7. PW-5 is a teacher in Kannampara Anganvadi. After the day's work, she used to board bus from Adappupara bus stop at about 4.OOP.M. As usual on 4-4-1991 she waited for the bus at that bus stop. Then she saw the accused coming to the bus stop, wearing MO-4 shirt and MO-3 lungi. He had folded that lungi high up exposing MO-19 black nicker worn by him. Accused enquired about the time with PW-5. While so, the sound of a bus, which was coming that side, was heard. Immediately he rushed into the Anjili plantation. According to PW-5, she was actually scared by the sight and conduct of the accused. 8. PW-4, a friend of Bindu, deposed that while she reached Palode from Nandiyode in the evening of 4-4-1991, she found Bindu sitting in Chirayil bus. PW-4 returned to Adappupara in Kallara bus from Palode. Chirayil bus, in which Bindu was seated, had left Palode much earlier. PW-8 is the Conductor of Chirayil bus. According to him, Bindu used to travel in that bus every day for about an year. On account of the frequent travels, he was familiar with Bindu. According to PW-8, on the date of the incident, deceased got down at Adappupara bus stop by about 4.00 P.M. Thus the evidence of PWs. 4 and 8 convincingly prove that deceased got down at Adappupara bus stop at about 4,00 P.M. on the date of occurrence. By about that time, accused was present at that bus stop. This fact is proved by PW-5. She has categorically stated that till she boarded the K.S.R.T.C. bus at about 4.00 P.M., accused was at that place and none had gone towards the Anjili plantation except the accused. Before reaching that place, accused had enquired with PWs. 2 and 3 regarding the time of arrival of Bindu from the college. This fact is proved by PW-5. She has categorically stated that till she boarded the K.S.R.T.C. bus at about 4.00 P.M., accused was at that place and none had gone towards the Anjili plantation except the accused. Before reaching that place, accused had enquired with PWs. 2 and 3 regarding the time of arrival of Bindu from the college. As stated earlier, when PW.4 passed along the lane leading to the house of deceased Bindu from the dus stop, she saw various articles belonging to the deceased scattered there. She also saw MO-4 shirt at that place. Mos. 7,8,9,10,11,12,16,18,21,22,24 and 26 have been identified by PWs. 3 and 4 as those belonging to deceased. The identification of these articles as of Bindu, has not been challenged by the accused. While P W-4 passed along the lane, she could see these articles scattered there. MO-4 was also seen lying on the lane. On reaching home, she told her relations about the presence of these articles in the lane. On getting that information when PWs. 2 and 3 reached there, they could not find any of these articles. On the basis of the information furnished by accused, PW-18, the investigating officer, recovered them as per Ext.P3 mahazar. PW-9, member of the Panchayat, is an attestor to that mahazar. According to PW-18, when he questioned accused, he confessed to point out the place where articles were hidden and to lead him to that place. On the basis of that information, accused was taken to that place from where they were taken out and handed over to PW-18. PW-9 fully corroborates the recovery of these articles. 9. MO-1 series of earrings belonged to the deceased. On the date of occurrence when she went to the college, she was wearing them. PWs. 2 and 3 identified them as those of Bindu. PW.4, the friend of Bindu, has also identified MO-1 as the ear ornaments worn by the deceased on the date of incident. These ornaments were missing from the dead body. According to the investigating officer when he questioned the accused, he confessed that he would point out the place where MO-1 series of gold ornaments were concealed and lead him to that place. Pursuant to that information, accused took the investigating officer to a place near the property of Prabhakaran Kani on the morning of 5-4-1991. According to the investigating officer when he questioned the accused, he confessed that he would point out the place where MO-1 series of gold ornaments were concealed and lead him to that place. Pursuant to that information, accused took the investigating officer to a place near the property of Prabhakaran Kani on the morning of 5-4-1991. He took MO-1 series of gold ornaments, covered in MO-20 leaf, hidden in a bush. Those ornaments were recovered under Ext.P2 mahazar in the presence of PWs. 6 and 7. PW-7 is a goldsmith. His presence was procured by PW-18 for the purpose of weighing and testing it. PW-7 is an independent witness, who was present at the lime of the recovery. Nothing has been brought out in the evidence of PWs.6 and 7 to doubt the genuineness of the recovery of MO-1 series of gold ornaments on the basis of the confession made by accused. 10. Within hours after the incident, the gold ornaments, which were worn by the deceased, could be recovered by the investigating officer on the basis of the confession statement given by accused. They were recovered from the place where it was concealed. So also the other articles, like books, tiffin carrier, and instrument box, etc. of Bindu could also be recovered from the place of concealment on the basis of the confessional statement given by accused. These are circumstances, which go to establish the complicity of the accused in the case. Accused was found in possession of the deceased's articles within few hours after the death. The recent and unexplained possession of these articles would be presumptive proof against the accused of the charge of robbery as also of the charge of murder. In Wasim Khan v. State of U.P. (AIR 1956 SC 400.),.a Full Bench of three judges took the view that the recent possession of articles belonging to the deceased establishes the offence of murder and robbery. According to Their Lordships, the circumstances will not merely go to establish the minor offence of robbery or theft. This statement of the law applies on all fours to the facts in this case as well. According to Their Lordships, the circumstances will not merely go to establish the minor offence of robbery or theft. This statement of the law applies on all fours to the facts in this case as well. In Baiju v. State of M.P. (AIR 1978 SC 522) Their Lordships took the view that the recent and unexplained possession of the stolen property by the accused justified the presumption that it was he and no one else who had committed the murder and the robbery. Recovery of incriminating articles pursuant to the information given by accused is an important piece of evidence against him. The nature of the recovered articles, the manner of their acquisition by the accused, on the basis of whose information they were recovered, the place of their concealment, length of the intervening period from the disappearance of the article from the owner and its recovery are some of the crucial aspects to be adverted to by the court. According to Their Lordships of the Supreme Court in Mohan Lai v.Ajith Singh (AIR 1978 SC 1183), the question whether a presumption should be drawn against the respondent under illustration (a) of S.114 of the Evidence Act is a matter which depends on the evidence and circumstances of each case. The circumstances under which articles owned by Bindu were recovered by the investigating officer on the basis of the information given by the accused within few hours of the death of Bindu is, according to us, a clinching circumstance pointing to the guilt of the accused. 11. PW-12, an Assistant Director of Biology Division, Forensic Science Laboratory, Thiruvananthapuram, was taken to the scene of occurrence by the investigating officer. He examined the dead body before it was meddled with. According to him, both hands of the body were found folded and kept under the body. He collected the following materials from the body and were handed over to the investigating officer:- (1) Loose hairs found in the pubic region; (2) Loose hairs found on the buttocks and back portion of the panties. He gave instruction to the investigating officer to collect sample pubic hairs, nail clippings and blood samples of the deceased and forward them to the laboratory along with loose hairs collected from the dead body for examination and comparison. He gave instruction to the investigating officer to collect sample pubic hairs, nail clippings and blood samples of the deceased and forward them to the laboratory along with loose hairs collected from the dead body for examination and comparison. Scalp and pubic hair samples, blood sample and saliva sample of accused were also collected by P W-11, Doctor, from the accused when he was examined. The samples collected from the dead body and those from the accused were sent to PW-12 for chemical examination. Items 9 and 10, which were subjected to his examination, are the loose hairs collected from the body ofthe deceased. Item 11 was sample pubic hair of the deceased. Packet No.12 sent to him contained six sealed packets. They were marked by him as 12(a) to 12(f). 12(a) was salivary swab taken from the body of the deceased. 12(b) and (c) were the nail clippings of the deceased. 12(d) the scalp hair and 12(e) the pubic hair samples of the deceased. 12(f) was the-blood sample of the deceased. He also received packet No. 13, which contained the vaginal swab and vaginal smear collected from the deceased. Packet No.14 sent to him contained another six small packets. They were marked as 14(a) to 14(f). 14(a) contained blood sample of the accused and 14(b) saliva samples. 14(c) contained pubic hair, 14(d) the scalp hair, 14(c) and (f) the nail clippings of the accused. On examination, he found that that the blouse worn by the deceased and item 12(a) contained human saliva, which is similar to the saliva in item No.14(B). According to his test, they are devoid of group substance (Non Secretor saliva). He further stated that the five human scalp hairs recovered from the dead body are similar to the scalp hair of the accused in item 14(d) in all parameters chosen for comparison. These results are seen in Ext.P9 certificate issued by him. The results of the examination conducted by this witness have not been challenged by the accused. This certificate and the testimony of P W-12 clearly proves the presence of the scalp hair of the accused on the dead body. In other words, the scalp hair recovered from the dead body was similar to the scalp hair of the accused in all the parameters chosen for comparison. This certificate and the testimony of P W-12 clearly proves the presence of the scalp hair of the accused on the dead body. In other words, the scalp hair recovered from the dead body was similar to the scalp hair of the accused in all the parameters chosen for comparison. In K.K. Jadav v. State of Gujatat (AIR 1966 SC 821) Their Lordships observed: "The writers on medical jurisprudence, however, have stated that from the microscopic examination of the hairs it is possible to say whether they are of the same or of different colours or sizes and from the examination it may help in deciding where the hairs come from". Their Lordships in that case identified accused as the assailant since the scarf, which was discovered in the pit in which the dead body was buried, contained some scalp hair, which on analysis by the chemical examiner, were found to be similar to the hairs ofthe accused. Similarly in Maghar Singh v. State of Punjab ((1975) 4 SCC 234), identification of the accused was made on the basis of the scientific examination of the hair found in the weapon of offence. The kirpan held by the accused contained blades of hair of the deceased stuck to it and on scientific examination, they were found to be identical to the hair of the deceased. So, chemical examination of scalp hair can be considered as an acceptable piece of evidence to connect the accused. Learned counsel representing the accused brought to our notice the decision of a Division Bench of this Court in Fr. George Cherian v. State of Kerala (ILR 1989 (2) Kf-r.95) and contended that the chemical examination of scalp hair cannot be relied on for identifying the accused. We are not impressed with this argument. In that case, there was no other circumstance pointing to the guilt of the accused. That decision also shows that if there are other circumstances pointing to the guilt of the accused, the results of scientific examination of hair also can be pressed into service. In the instant case, as stated earlier, there are other clinching circumstances to establish the complicity ofthe accused. Along with that, the evidence furnished by chemical examination of scalp hair indicate the complicity of the accused. PW.12 could detect saliva from M-6 blouse and in the swab containing the saliva taken from the body of the deceased. In the instant case, as stated earlier, there are other clinching circumstances to establish the complicity ofthe accused. Along with that, the evidence furnished by chemical examination of scalp hair indicate the complicity of the accused. PW.12 could detect saliva from M-6 blouse and in the swab containing the saliva taken from the body of the deceased. They were subjected to chemical analysis with the saliva collected from the accused. On such examination, both were found to be of non secretor type. In the treatise on Forensic Science in Criminal Investigation and Trials, by Dr. B.R. Sharma, 1990 Edition, Part 15 deals with analysis of body fluids. Saliva is dealt with at pages 726 and 727. It is in these terms:- "Saliva stains may be found at the scene on handkerchief, in discarded cigarette stubs, spittal, on cups, tumblers, bottles (used for drink) on postage stamps or envelopes or even on tooth picks. Or, they may be found on a piece of cloth used as gag. Saliva contains an enzyme (ptyalin) which when added to starch, hydrolyses it. Saliva extract, therefore, when added to starch inhibits its colour reaction with iodine. Saliva of secretors contains blood group substances and can be grouped. The saliva on cigarette stubs is often grouped in criminal investigation. Food material mixed in saliva may interfere with blood grouping. Saliva does not give specific precipitin test" It shows that the result of the analysis of saliva may not be a conclusive test for identification. But taken along with other circumstances of the case, that can also be a relevant factor. 12. Dead body of Bindu was examined by the Doctor, PW-10. Ext.P4, postmortem certificate, issued by the Doctor, contains the following ante-mortem injuries: 1. Multiple abrasions over an area 18 x 15 cm. size;, varying from 0.5 x 0.2 cm. to 4 x 1.2 cm. involving the nose, face, just below the eyes and under surface of chin. 2. Multiple small contusions, over an area 5 x 3 cm. oval in shape, seen at the periphery only on the left side of face, oblique 4 cm. in front of ear, having the appearance of a bite mark. 3. Laceration of frenum of upper lip 1x0.2 x 0.2 cm. horizontal in disposition. 4. Contusion 2x1 x 0.5 cm. on the inner aspect of upper lip corresponding to the right upper outer incisor tooth. 5. in front of ear, having the appearance of a bite mark. 3. Laceration of frenum of upper lip 1x0.2 x 0.2 cm. horizontal in disposition. 4. Contusion 2x1 x 0.5 cm. on the inner aspect of upper lip corresponding to the right upper outer incisor tooth. 5. Multiple small abraded contusions over an area 5.5 x 3.5 cm. oval in shape, the injuries being at the periphery only, on the left side of back of chest, 3 cm. behind the armpit, having the appearance of a bite mark, horizontal in disposition with a contusion 1 x 1 x 0.5 cm. at its lower middle part. 6. Abrasion 2 x 1 cm. with two small superficial lacerated wounds 0.2 x 0.2 cm. each at its middle on the outer aspect of right ear lobule. 7. Multiple small linear abrasions over an area 14x8 cm. inter digitating irregularly with one another on the outer aspect of right arm 12 cm. below shoulder. 8. Abrasion 3 x 2.5 cm. on the outer aspect of right hip 6 cm. below top of iliac crest. 9. Multiple linear abrasions over an area 27 x 13 cm. sizes varying from 0.3 x 0.2 cm. to 8.5 x 0.2 cm. on the front and outer aspect of right thigh 6 cm. above knee inter digitating irregularly with one another. 10. Multiple linear abrasions over an area 30 x 15 cm. sizes varying from 1 x 0.2 cm. to 5 x 0.2 cm. Inter digitating irregularly with one another on the whole of front of left thigh. 11. Multiple small linear abrasions over an area 22 x 13 cm. on the back of left forearm 6.5 cm. below elbow. 12. Multiple abrasions over an area 27 x 6 cm. size;-(.varying from 0.5 x 0.5 cm. to 5.5 x 1.5cm. on the inner and back aspects of left arm 8 cm. below armpit. 13. Three tears 0.30.2 cm. each, involving whole thickness seenai 3O'Clock, 5O' Clock and 7 O'clock positions on the hymen, fresh, with red blood sticking on to the edges. 14. Contusion 0.20.2 cm, at the 4 O'clock position at the anterior aspect of hymen fresh. 15. Lacerations 0.5 x 0.3 x 0.2 cm. and 0.4 x 0.2 x 0.2 cm. horizontal over the posterior vaginal wall, just behind the hymen. 16. 14. Contusion 0.20.2 cm, at the 4 O'clock position at the anterior aspect of hymen fresh. 15. Lacerations 0.5 x 0.3 x 0.2 cm. and 0.4 x 0.2 x 0.2 cm. horizontal over the posterior vaginal wall, just behind the hymen. 16. Transverse fracture of sternum with infiltration of blood around at the junction of the body with manubrium". According to the Doctor, the cause of death was the result of blunt force injuries sustained in and around the mouth and nose. When examined before Court, she stated that the effect of injury Nos.1, 3 and 4 are sufficient in the ordinary course of nature to cause death and that injury No. 16 is also sufficient in the ordinary course of nature to cause death. Vaginal smear and swab were sent to the Forensic Science laboratory for chemical examination. They contained human semen and human spermatozoa. On the basis of the report, she has categorically stated that there is evidence of recent sexual intercourse on the deceased. The evidence of this witness unmistakably proves that Bindu was subjected to rape before she was done to death. Accused in this case was subjected to potency test by PW-11. That Doctor stated before Court that there is nothing to suggest that the accused was incapable of performing sexual acts. Therefore we come to the irresistible conclusion that the accused did commit rape on Bindu. 13. The evidence discussed above clearly and unerringly proves that Bindu was subjected to rape, that she was robbed other ornaments and she was murdered. Accused, appellant in Criminal Appeal 250 of 1992, alone was responsible for all these offences. The circumstances proved in this case bring home the offences committed by the accused beyond all reasonable doubts. Cumulatively the circumstances established, form an unbroken chain of events leading to prove the guilt of the accused. Circumstances proved in this case unerringly point towards his guilt. None of these circumstances can be explained by any reasonable hypothesis, which tend to establish the innocence of the accused. Thus, we have no hesitation in holding that accused and accused alone was responsible for committing the offences alleged. It, therefore, follows that the learned trial judge was perfectly justified in convicting the accused for offences under Ss.376, 392 and 302 i.P.C. 14. For the offence under S.302, learned trial judge awarded the punishment of death. Thus, we have no hesitation in holding that accused and accused alone was responsible for committing the offences alleged. It, therefore, follows that the learned trial judge was perfectly justified in convicting the accused for offences under Ss.376, 392 and 302 i.P.C. 14. For the offence under S.302, learned trial judge awarded the punishment of death. Is it was ranted in this case? As per the decisions of the Supreme Court, maximum penalty of death can be awarded only in the rarest of rare cases. Can this be considered as a case of that nature? 15. Two offences involve the killing of a person. They are offence of culpable homicide and the more heinous offence of murder. What distinguishes these two offences Is the presence of a special mens rea, which consists of four mental attitudes in the presence of any of which the lesser offence become greater. These four mental attitudes are stated in S.300 of the Penal Code as distinguishing murder from culpable homicide (vide Rajwant Singh v. State of Kerala - AIR 1966 SC 1874). The first clause says that culpable homicide is murder, if the act by which death is caused is done with the intention of causing death. An intention to kill a person brings the matter so clearly within the genera! Principle of mens rea. Once the intention to kill is proved, the offence is murder untess one of the exceptions applies. In the instant case, it cannot be held that accused entertained the intention to cause the death of Bindu. His intention could have been only to commit rape. He cannot be taken to have committed sexual assault after murdering Bindu. 16. The second clause of S.300 deals with acts done with the intention of causing such bodily injury, as the offender knows to be likely to cause the death of the person to whom harm is caused. The mental attitude here is two-fold. There is first the intention to cause bodily harm and next there is the subjective knowledge that death will be the likely consequence of the intended injury. The mental attitude is thus made up of two elements - (a) causing an intentional injury; and (b) which injury the offender has the foresight to know would cause death. We think, on the facts and circumstances of this case, the accused cannot be intended to have had the above intention. The mental attitude is thus made up of two elements - (a) causing an intentional injury; and (b) which injury the offender has the foresight to know would cause death. We think, on the facts and circumstances of this case, the accused cannot be intended to have had the above intention. The third clause of S.300 deals with acts done with the intention of causing bodily injury to a person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death. In this clause, the result of the intentionally caused injury must be viewed objectively. If the injury that the offender intends causing and does cause is sufficient to cause death in the ordinary course of nature the offence is murder whether the offender intended causing death or not and whether the offender had a subjective knowledge of the consequence or not. In the instant case, accused has caused injuries 1,3 and 4. It was for silencing her while engaged in the commission of rape. The effect of those injuries, according to PW-11, is sufficient in the ordinary course of nature to cause death. The death of Bindu took place as a direct result of those injuries. So, on the facts and circumstances, it can be held that accused had caused the bodily injury with the intention to cause that injury and it resulted in the death of Bindu. So, the offence committed by the accused can only be murder, falling under S.300 thirdly. For such an offence, according to us, the extreme penalty of death semence is not warranted. In view of what has been stated above, we confirm the conviction of the accused for offences under Ss.376, 392 and 302 of the Penal Code. Death sentence awarded by the learned Sessions Judge for the offence under S.302 is vacated. Accused is sentenced to undergo imprisonment for life under S.302. The sentence awarded by the Court below for the offences under Ss.376 and 392 of the Code are confirmed. Appeal and Referred Trial are disposed of as above.