DINKAR SHIVRAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WHILE the question of retention of death penalty on the statute may be debatable one so long as it is retained on the Statue book there might be cases in which the extreme penalty provided under the law might be called for. Sec. 354 (3) of Cr. P. Code provides that when the court is inclined to award the extreme penalty provided under the law special reasons for so doing must be given by the court. WHILE there cannot be any absolute guidelines for determining as to what these special reasons can be we feel that if all or majority of the following circumstances exist in a given case imposition of death penalty might be proper and might fall within the category of special reasons.

(2.) WE therefore feel that if the above circumstances or a large majority of them exist in a given case the imposition of extreme penalty is not only called for but would become the duty of the Court to impose the same.