At the outset, I must begin by pointing out that it has been stated quite emphatically by the Supreme Court recently in the landmark case State of Punjab v. Dalbir Singh, 2012 (2) Supreme 641 that the provision of S. 27(3) of the Arms Act, 1959 is violative of Art. 14 and Art. 21 of the Constitution! For my readers benefit, I would further point out that S. 27(3) of the Arms Act, 1959 spells out quite explicitly that, “Whoever uses any prohibited arms or prohibited ammunition or acts in contravention of S. 7 and if such use or act results in the death of any other person then that person guilty of such use or acting in contravention of S. 7 shall be punishable with death.” There can be no ambiguity about the indisputable fact that by imposing mandatory death penalty, S. 27(3) of the Arms Act, 1959 runs totally contrary to those statutory safeguards which give judiciary unfettered discretion in the matter of imposing death penalty. This is just not done and can never be j ....