JUDGMENT :

Abhay S. Oka, J.

1. Heard learned counsel for the parties.

FACTUAL ASPECTS

2. The appellant has been convicted for the offences punishable under Sections 366, 376 and 302 of the Indian Penal Code, 1860 (for short, ‘IPC’). The controversy is limited to the sentence for the offence punishable under Section 302 of the IPC. The learned Sessions Judge (Fast-Track Court) sentenced the appellant to undergo rigorous imprisonment for the rest of his life. The appellant preferred an appeal before the High Court to challenge the conviction and sentence. The State Government preferred an appeal for enhancement of the sentence. The High Court, by the impugned judgment, dismissed both appeals. On 21st April 2017, notice was issued by this Court only on sentence.

SUBMISSIONS

3. The learned counsel appearing for the appellant-accused submitted that in view of the law laid down by the Constitution Bench of this Court in the case of Union of India v. V. Sriharan alias Murugan & Ors., 2016 (7) SCC 1, a modified sentence can be imposed only by the Constitutional Courts and not by the Sessions Courts. He submitted that the Constitutional Courts can grant life sentence either for the entirety of li