(1.) Full Bench was constituted on account of difference of opinion among the Judges, which led to present reference on the question of imposition of harsher variety of life sentence as indicated in Swami Shraddananda (2) v. State of Karnataka, 2008 KHC 5272 : 2008 (13) SCC 767 : AIR 2008 SC 3040 : 2008 CriLJ 3911. Initially the above Death Sentence References (for short, 'DSRs') came up before the Division Bench, wherein the following three questions were taken up for consideration:
(2.) However, the Honourable Judges of the Division Bench differed in their opinion by order dated 13/04/2012, which necessitated reference of the matter to a third Judge. The third Judge ultimately placed the matter before the Honourable the Chief Justice to constitute a Larger Bench as provided under the proviso to S.392 of the Code of Criminal Procedure to consider the following two questions:
(3.) Justice R. Basant, one of the Judges of the Division Bench Judges, after an elaborate discussion at paragraph 35 of the order dated 13/04/2012, summarised his conclusion as under:
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