Penal Code, 1860–Sec. 302/149, 148 & 147–Death sentence–Though the offence was committed in a ghastly manner yet the trial Court was required to call the report from the Prison and Social Welfare Department, and thereafter, the mitigating and aggravating circumstances were to be evaluated and then, the Court could have proceeded to award the extreme death penalty if the aggravating circumstances outweigh the mitigating circumstances–In absence of such exercise undertaken, death penalty cannot be awarded even if the offence falls within the rarest of rare category–Period of ten years has been passed–Such exercise by this Court at a delayed stage is not called for–Sentence is shortened to life sentence till the remainder of the accused’s life without possibility of remission, parole, premature release or access to open ai
