CODE OF CRIMINAL PROCEDURE, 1973;

Sections 306, 307 - Tender of pardon to accomplice - Power to direct - Discussed - On the facts of the case Held: The pardon granted by the Sessions Judge was legal and valid.

SENTENCING:

Death sentence - Rarest of rare cases - Special reasons Mitigating factors - Discussed - On the facts of the case - Held: There are no special reasons to record the death penalty and the mitigating factors are sufficient to place it out of the rarest of rare category - Thus, it is not a case where death penalty should be imposed - Instead of death penalty appellant to undergo rigorous imprisonment for life - Code of Criminal Procedure, 1973, Sections 235(2) and 354(3) - Constitution of India, Articles 14, 21.

DOCTRINES:

Doctrine of Prudence - Doctrine of Proportionality - Applicability of

In these appeals, the principal questions which arose for consideration were: (i) Whether the Sessions Judge acted illegally in granting pardon to an accomplice (PW1 ); and (ii) Whether the case falls under 'rarest of rare cases' so as to enable the Courts below to award death penalty.