ASIF ALLI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Pursuant to the Court's order dtd. 30/4/2024, the report along with the relevant papers annexed to it has been received today from the Senior Superintendent, Circle Jail, Cuttack at Choudwar, the same having been produced by Mr. Tripathy, learned AGA for the State. In compliance of the directions issued, the report reveals the details on the conduct of the appellants; criminal antecedent in respect of one of them; the appellants acquiring education while being in jail besides their medical condition.

(2.) While considering the submissions of Mr. Zafarulla, learned counsel for the appellants and Mr. Tripathy, learned AGA for the State, the Court has taken sou motu cognizance of the fact regarding the procedure followed by the Trial Court at the time of hearing on sentence. In fact, on perusal of the LCR, the Court finds that the learned court below delivered the judgment on 29/11/2022 and on the same date, directed the sentences on the appellants. So to say, hearing on the question of sentence was held and concluded on 29/11/2022 itself with the sentences being imposed.

(3.) A decision in Sou Motu Writ Petition (Crl.) No.1 of 2022 of the Apex Court in reference to framing of guidelines regarding potential mitigating circumstances to be considered while imposing death sentences is cited at the Bar. In the decision (supra), the Supreme Court taking judicial notice of difference of opinion and approach on the question, whether, after recording conviction for a capital offence, the Court is obligated to conduct a separate hearing on sentence deemed it proper for a reference and decision by a larger Bench. While dealing with the reference, the Apex Court in the aforesaid decision observed as under: