Indian Penal Code, 1860—Section 302—Murder—Award of sentence—Option between death sentence and life sentence—Held, undoubtedly the sentencing part is a difficult one and often exercises the mind of the Court but where the option is between a life sentence and a death sentence, the options are indeed extremely limited and if the court itself feels some difficulty in awarding one or the other, it is only appropriate that the lesser sentence should be awarded—This is the underlying philosophy behind ‘the rarest of the rare’ principle—Furthermore, the mitigating circumstances need to be taken into account.
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