STATE OF KERALA Vs. UNNI

JUDGEMENT

(1.) (i) Do Session Judges have the power to impose the harsher variety of life sentence which is recognised by Swamy Shraddananda (2) v. State of Karnataka, 2008 KHC 5272 : 2008 (13) SCC 767 : AIR 2008 SC 3040 : 2008 CriLJ 3911 as an option available in law for the Courts to avoid the harshest irreversible and incorrectable sentence of death Is that sentencing option available only to the Supreme Court under Art.142 of the Constitution Is that sentencing option available only to constitutional Courts - the High Courts and the Supreme Court

(2.) We have spent precious and long time of the Court for hearing arguments on this general aspect. Arguments have been advanced by counsel appearing for the accused persons as also the learned Director General of Prosecution and the Additional Director General of Prosecution. Arguments could be completed only on 11/04/2012. In the course of the discussions at the Bar, some disagreements on vital aspects have arisen between me and Hon'ble Justice K. Vinod Chandran in the matter. Since I am to demit the office on superannuation and today happens to be the last sitting day for me, I am obliged to dictate this order now on the Bench. Needless to say, normally I would have preferred to reserve the order and pronounce the same after elaborate discussions with my learned brother and exchange of draft judgments. But the peculiar circumstances and the time crunch oblige me to dictate this order on the Bench now. As there are certain areas of disagreement in the course of discussions. I make it clear that I speak only for myself in this order.

(3.) Whether to resort to judicial extinguishment of precious human life or not This question has worried mankind and civilisations all through. The dispute between abolitionists and retentionists is still going on. Search for the final answer is still continuing. The final answer has not been found yet.