(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 (13) SCC 767) : (AIR 2008 SC 3040). 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 13-4-2012, 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 Section 392 of the Code of Criminal Procedure to consider the following two questions:
(3.) THE learned Judge felt necessity of attention of a Larger Bench on the controversial issue so as to lay down the law authoritatively after considering the entire matter exhaustively in order to remove confusion, if any, in the minds of the Sessions Judes about the judicial competence to impose harsher sentence of life adopted Swamy Shraddananda (2)'s case (AIR 2008 SC 3040) (supra) and their obligation to consider whether harsher sentence of imprisonment for life is unquestionably foreclosed before imposition of death sentence. The learned Judge felt, the sessions Courts must be clearly told the important consequences arising from Swamy Shraddananda (2)'s case (supra), as according to the learned Judge, the war between the abolitionists and retentionists has made a clear way and the abolitionists have won a major battle in that war.
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