2011 AIR SCW 5997 ::AIR 2011 SC (Criminal) 2268 ::2012 (3) AIR Jhar R 139 ::2012 (1) AIR Kar R 316 ::(2011) 183 DLT 78 ::(2011) 4 DLT(CRL) 89 ::(2011) 4 CurCriR 55 ::2012 (2) SCC (Cri) 836 ::2011 (13) SCC 706 ::(2012) 1 Mad LJ(Cri) 85 ::(2011) 4 RecCriR 459 ::(2011) 11 Scale 182 ::(2011) 4 ChandCriC 266 ::(2011) 50 OCR 633 ::2012 (4) KCCR SN 272 (SC) ::2011 (4) KLT SN 49 (SC) ::2011 Cri LJ (Supp) 215 (SC) ::(2011) 75 AllCriC 553 ::(2011) 107 AllIndCas 65 (SC)

Supreme Court Of India

(From : Delhi)

Hon'ble Judge(s): D. K. Jain, A. K. Ganguly , JJ

(A) Criminal P.C. (2 of 1974) , S.235(2), S.354(3)— Death sentence - Recording of special reasons for awarding of - Can only be validly recorded if an effective opportunity of hearing contemplated under S.235(2) is genuinely extended to accused and is allowed to be exercised by accused who stands convicted and is awaiting the sentence. It is clear from the purpose of Section 235(2) that the object of hearing under Section 235(2) being intrinsically and inherently connected with the sentencing procedure, the provisions of S. 354(3) which calls for recording of special reason for awarding death sentence must be read conjointly with Section 235 (2) of 1973 Code. The special reasons can only be validly recorded if an effective opportunity of hearing contemplated under S. 235 (2) of Cr. P. C. is genuinely extended to accused and is allowed to be exercised by the accused who stands convicted and is awaiting the sentence.(Para 63 64) (B) Penal Code (45 of 1860) , S.302— Criminal P.C. (2 of 1974) , S.354(3)— Death sentence - Rarest of rare case - Mitigating vis-a-vis aggravating circumstances - Accused killed two minor children - Fact that accused can be rehabilitated in society and is capable of being reformed - Is a mitigating circumstance to be taken into considerati....