(1.) This reference to the Constitution Bench raises a question in regard to the constitutional validity of death penalty for murder provided in Section 302, Penal Code, and the sentencing procedure embodied in subsection (3) of S. 354 of the Code of Criminal Procedure, 1973.
(2.) The reference has arisen in these circumstances: Bachan Singh, appellant in Criminal Appeal No. 273 of 1979, was tried and convicted and sentenced to death under Section 302, Indian Penal Code for the murders of Desa Singh, Durga Bai and Veeran Bai by the Sessions Judge. The High Court confirmed his death sentence and dismissed his appeal.
(3.) Bachan Singh's appeal by special leave, came up for hearing before a Bench of this Court (consisting of Sarkaria and Kailasam, JJ. ). The only question for consideration in the appeal was, whether the facts found by the courts below would be "special reasons" for awarding the death sentence as required under S. 354 (3) of the Code of Criminal Procedure, 1973.
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