As to whether the facts and circumstances of the case, warrants imposition of death penalty or not cannot be applied in any straight jacket formula and it would be on facts and circumstances unravelled in each case. It depends upon the terrain of facts and circumstances it may have travelled and takes its colour from the same or in other words with mathematical precision it cannot be moulded. 25. Hence, the question which arises for our consideration in the instant case is whether the present case would fall in the category of “rarest of rare case” so as to confirm the death penalty or the sentence can be commuted? 26. This Court vide order dated 25/04/2023 had called for a Prison Conduct Report, Probation Officer's Report of accused, Psychological Evaluation Report of Accused and Mitigation Investigation Report. 27. As per prison conduct report dated 06/07/2023 forwarded by Superintendent, District Jail, Yervada, it is opined that appellant is aged 47 18years and his conduct and