Sentence/Sentencing:

Death sentence - On conviction for offence u/s. 302 IPC  - Propriety of - Death penalty can be awarded only in exceptional cases where the crime is so brutal, diabolical and revolting so as to shock the collective conscience of the community - In the present case, so far as the case of 0 accused Nos. 1 and 2 is concerned, the case falls under rarest of rare category - The acts of murder committed by the accused are so gruesome, merciless and brutal that the aggravating circumstances outweigh the mitigating circumstances - Hence their death sentence confirmed - However, for accused No. 3, in view of the role played by him  during commission of the offence, sentence of imprisonment till the end of his life would be proportionate to the degree of offence committed by him - His death sentence altered to imprisonment till the end of his life - Penal Code, 1860 - s. 302.  

Sentencing - Determination of sentence - Judicial approach - Held: Judicial approach towards sentencing has to be cautious, circumspect and careful - The courts at all stages must peruse and analyze the facts of the case and reach an independent conclusion - The touchstone for determining correctness of decision, is not the length of discussion, but the lucidity of the reasons. 

Sentencing - Determination of sentence - Judicial approach - Held: Judicial approach towards sentencing has to be cautious, circumspect and careful - The courts at all stages must peruse and analyze the facts of the case and reach an independent conclusion - The touchstone for determining correctness of decision, is not the length of discussion, but the lucidity of the reasons.

 Constitution of India, 1950 - Art. 136 - Scope of - To examine 'special reasons' for awarding death sentence as envisaged u/s. 354(3) Cr. P. C. - Held: The appellate jurisdiction by virtue of Article 136 is not plain statutory, but expansive and extraordinary - Such jurisdiction is not fettered by rules of criminal procedure, or limited to mere confirmation  or rejection of the appeal - The Court while considering correctness of sentence can not only examine the reasons so assigned u/s. 354(3), but can also substantiate upon the same - Code of Criminal Procedure, 1973 - s. 354(3) - Sentence/Sentencing.

Remand - Of criminal case - By Supreme Court - For deciding the question of sentence - Held: Remand is an exception, not the rule - Ought to be avoided as far as possible in the interest of expeditious, though fair disposal of  cases.