Further submission which was advanced on behalf of the appellant is that it is not a case, which can be taken to be as rarest of rare case as the prosecution case does suggest that the act of the appellant, who is aged about 25-26 years, committing murder of the deceased, was never premeditated nor the appellant was having criminal background and, therefore, the Court should have taken all these factors into account as mitigating circumstances, but all these mitigating circumstances were not taken into account in right perspective and, therefore, the sentence of death awarded to the appellant is fit to be set aside. 17 . As against this, learned counsel appearing for the State submits that the facts and circumstances are as such that there has not been an iota of doubt over the truthfulness of the testimonies of PWs-1 & 2 and, thereby, the last seen theory comes into play where the time gap in between the deceased being seen with the appellant and the deceased being done to death is so little, which go to suggest that it was the appellant who was the perpetrator of the crime and keeping in view the gravity of the offence, the trial court has rightly convicted and awarded the death sentence to the
