54. Accordingly, death penalty was set aside by the majority and the matter was remitted for further proceeding. Here also Chief Justice Burger, Justice Blackmum, Justice White and Justice Rehnquist gave strong dissents, opining that the statute was constitutionally valid.

55. Again similar question came up before the U.S. Supreme Court in George Summer vs. Raymond Wallace Shuman,12 483 US 66 = 97 L Ed 2d 56. This case came from Nevada which mandated death penalty for murder committed by a person while serving a life sentence without the possibility of parole. The statutory provision considered in this case is somewhat akin to Section 303 of Indian Penal Code. Justice Blackmum delivering the majority opinion held that Nevada statute was unconstitutional being violative of Eighth and Fourteenth Amendments. The learned Judge held:-

“......This Court has recognized time and again that the level of criminal responsibility of a person convicted of murder may vary according to the extent of that individual’s participation in the crime. See, e.g., Tison v Arizona, 481 US 137, 95 L Ed 2d 127,107 S Ct 1676 (1987); Enmund Florida, 458 US 782, 73 L Ed 2d 1140, 102 S Ct 3368 (1982). Just as th