Hansaria C. J. (Acting) —

When should a High Court issue Rule for enhancement of sentence suo moto is the question which needs our determination. This question has arisen because it has been noticed that the present appeal concerns a convict found guilty under section 302 IPC for having caused “most brutal and dastardly” murder of five persons belonging to a family. The learned Sessions Judge having found the appellant guilty for annihilating the whole family of Rupsai, sentenced the appellant to imprisonment for life; of course, after applying his due mind to the question whether the convict deserved the extreme penalty of death as the punishment for the offence committed by him.

2. When the appeal came up before us for hearing on 18.3.88, we had posed a question as to whether Role for enhancement of the sentence should be issued or not by this Court suo moto. We felt that before such a Rule is issued we should give due consideration to the question as to when this Court would be justified in issuing a Rule of enhancement in a case where the accused by virtue of the issuance of the Rule may become liable to be sentenced to death also. In view of the importance of the subject matter,

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