In Mithu v. State of Punjab, AIR 1983 SC 473 : 1983 Cri LJ 811 the Supreme Court has held Section 303, I. P. C. as unconstitutional because the section has made the procedures laid down in Sections 235 (2) and 354 (3) of Criminal Procedure Code for trial meaningless. Section 303, I. P. C. has made sentence for murder mandatory in that "whoever being under sentence of imprisonment for life, commits murder, shall be punished with death", and so Section 354(3), Cr. P. C. which makes sentence of life imprisonment for murder as the rule and death as an exception becomes meaningless. Again Section 235 (2), Cr. P. C. which lays down that the accused shall be heard on the question of sentence, a provision held mandatory by Supreme Court in AIR 1976 SC 2386: 1976 Cri LJ 1875 also becomes useless since, even though the accused may be heard, the Judge cannot under Section 303, I. P. C. vary the sentence laid down as it is mandatory. The Supreme Court therefore holds the Section 303, ....