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2001 Supreme(SC) 886

K.T.THOMAS, R.P.SETHI, S.N.PHUKAN
Ram Deo Chauhan @ Raj – Appellant
Versus
State Of Assam – Respondent


JUDGMENT

Thomas, J.—After reading the draft judgment prepared by my esteemed brother Sethi, J. supported by reasons forcefully and lucidly advanced there  could not have been much difficulty for me to concur with it. However, having regard to certain aspects revolving on the issue whether a young man should be hanged by neck till he is dead pursuant to the judgment pronounced by us, I am unable to resist the urge to look at the question of sentence once again in an effort to see whether there is any legally permissible outlet through which his life can be spared from the hangman’s noose. In my thoughtful rumination on that alternative option I feel inclined to respectfully dissent from my learned brother’s conclusion that there is no scope to alter the death penalty imposed on the petitioner.

2. At the outset I may state that I have no doubt in my mind regarding the correctness of the observations of Sethi, J. that the sentence cannot be altered on the reasoning that the trial court did not adjourn the proceedings, after pronouncing the conviction, for the purpose of providing the convicted person time to reflect on the question of sentence. The trial judge chose to pro













































































































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