Criminal Procedure Code, 1973—Section 235(2)—Indian Penal Code, 1860, Section 302—Sentence of death penalty—The Court must make genuine effort to elicit any information either from the accused or the prosecution as to whether any circumstance exists which might influence the Court to avoid and not to award death sentence—Awarding death sentence is an exception, not the rule, and only in rarest of rare cases, the Court could award death sentence—The state of mind of a person awaiting death sentence and the state of mind of a person who has been awarded life sentence may not be the same mentally and psychologically—The court has got a duty and obligation to elicit relevant facts even if the accused has kept totally silent in such situations.
Click here to download the full text of the judgment
Click here to download the full text of the judgment
No comments:
Post a Comment