choose between life and death without any standards or
guide-lines provided by the legislature,
159
the death penalty does become arbitrary and unreasonable ... choice between life
and death can be regarded as constitutionally valid. [357B-
D]
2:19. Death penalty in its actual operation is
discriminatory
extreme penalty of death need not be
inflicted except in gravest cases of extreme culpability.
Before opting for the death penalty the circumstances ... extreme penalty of death need not be inflicted
except in gravest cases of extreme culpability;
(ii) Before opting for the death penalty the
circumstances
extreme penalty of death need not be inflicted
except in gravest cases of extreme culpability.
(ii) Before opting for the death penalty the circumstances ... extreme penalty of death need not be inflicted
except in gravest cases of extreme culpability.
(ii) Before opting for the death penalty the circumstances
matter, it was not a
fit case for awarding the extreme penalty of death.
On the other hand, Shri H.L.Agrawal, learned senior counsel ... rare one so as to justify imposition of extreme penalty of death. This question
has been examined by this Court times without number
sentence may be made for the
very few cases where the death penalty might be substituted by the
punishment of imprisonment for life or imprisonment ... sentence may be made for the
very few cases where the death penalty might be substituted by the
punishment of imprisonment for life or imprisonment
Bench raises a question in regard to the constitutional validity of death penalty for murder provided in Section 302, Penal Code, and the sentencing procedure ... causing death or such injury as aforesaid.
23. The first contention of Shri Garg is that the provision of death penalty in Section 302 , Penal
rarest of rare cases and which may warrant death sentence but in
which death penalty is actually not given due to an error of judgment ... uniformity and consistency in awarding death sentence.
33. The truth of the matter is that the question of death penalty is not
free from
death could be
passed. This indicates a trend against sentence of death but
this coupled with the decisions wherein sentence of death
has been accepted ... penalty of death need not be
inflicted
525
except in gravest cases of extreme culpabili-
ty.
(ii) Before opting for the death penalty
the circumstances
death sentence as an alternative punishment for the offence of murder. There are several grounds on which the constitutional validity of the death penalty provided ... passing the sentence of death. In other words, the discretion was directed positively towards death penalty. But, by the Amending Act 26 of 1955 which
accused guilty and
convicted the 1st accused and sentenced him with death penalty which was
confirmed. We are in these appeals primarily concerned with ... awarding the
death sentence terming it as the rarest of the rare cases. Reference to
few judgments of this Court where death penalty has been
