JUDGMENT - Kotval, C.J.

1. Vali Mohammad Jan Mohammad was tried before the additional Sessions Judge, Aurangabad, for the murder of the Mohabbat and was convicted under Section 302 I.P.C. and sentenced to death. When the papers were submitted to this Court for confirmation of the sentence to death. When the papers were submitted to this Court for confirmation of the sentence of death, the case was heard along with the appeal filed by the accused, Criminal Appeal No. 899 of 1968 A division Bench of this Court (Tarkunde and Gatne, JJ.) have confirmed the conviction in appeal but have referred a question of law as regards the sentence to be imposed in such cases. The question arises in view of a conflict of decisions in this Counts, the question referred is as follows:-

After the amendment of sub-section (5) of Section 367 of the Code of Criminal Procedure by Central Act XXVI of 1955, is it correct to hold that the normal penalty for an offence under Section 302 of the Indian Penal Code is death, and that the lesser penalty of imprisonment for life cannot be awarded in the absence of extenuating circumstances which reduce the gravity of the offence?"

The Division Bench considered in nec

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