No he shouldnt be given the death penalty. Whatever may be our individual views on the subject, I personally dont support the death sentence, the fact is that the Government of India has assured the Government of Portugal that we will not be applying it in this case. If we do go ahead with the death penalty it will make India a liar and a nation not to be trusted on the smallest of issues. For the Government to even attempt a debate on this would be extremely foolhardy and dangerous.