Judgement

BHAGWATI, J. :— These writ petitions challenge the constitutional validity of S . 302 of the Penal Code read with S. 354, sub-sec. (3) of the Criminal P.C. in so far as it provides death sentence as an alternative punishment for the offence of murder. There are several grounds on which the constitutional validity of the death penalty provided in S. 302 of the Penal Code read with Section 354 sub-& (3) of the Criminal P. C. is assailed before us. but it is not necessary to set them out at this stage, for I propose to deal with them when I examine the arguments advanced on behalf of the parties. Suffice it to state for the present that I find considerable force in some of these grounds and in my view, the constitutional validity of The death penalty provided as an alternative punishment in S. 302 of the Indian Penal Code read with S. 354 sub-sec. (3) of the Code, of Criminal Procedure cannot be sustained. I am conscious that my learned brethren on the Bench who constitute the majority have taken a different view and upheld the constitutional validity of the death penalty but, with the greatest respect to them and in all humility, I cannot persuade myself to concur with the v