LAW FOR ALL

whether a pronouncement as to the vires of Section 364A will have any impact on the sentence awarded to the petitioners would arise only if Section 364A is held to be constitutionally invalid. = Death penalty under two counts one under sec. 320 and another under sec. 364 A kidnap for ransom - after attaining finality - filed the writ petition to declare that the sec.364 A is un-constitutionality with a hope that if that section declared as he desired, a fresh out look of consideration was arise for granting death sentence under sec.302 I.P.C as per the guidelines - referred to three bench judges = The petitioners have been, as noticed earlier, convicted both under Sections 302 and 364A of the IPC and sentenced to death for each one of the two offences. We, therefore, asked Mr. Garg whether any juristic exercise aimed at determining the constitutional validity of Section 364A will be of any assistance to the petitioners who may despite an acquittal under Section 364A remain condemned to death for the capital offence of murder under Section 302 IPC. Mr. Garg, however, argued that if Section 364A, of the Indian Penal Code were to be declared ultra vires of the Constitution, the sentence awarded to the petitioners under Section 302 may call for a fresh look, having regard to the fact that the Courts had while awarding death sentence to the petitioners had taken them to be guilty under both the provisions, which would no longer hold good, if Section 364A were to be held ultra vires. 13. We do not wish to express any final opinion on this aspect at this stage. The question whether a pronouncement as to the vires of Section 364A will have any impact on the sentence awarded to the petitioners would arise only if Section 364A is held to be constitutionally invalid. It is only then that the Court may go into the question of the impact of such a pronouncement. For the present, what we have before us is a last ditch attempt by the petitioners to avoid the extreme penalty that the law provides for even the most heinous crime punishable under the code. The plea may indeed be in complete desperation but one can well understand such desperation among those who are waiting at the gallows for the hangman to put the noose around their neck. Dismissal of this appeal is bound to take them a step closer to the end. That apart the questions raised may require an authoritative answer, by a Bench of three Judges having regard to the fact that the death sentence awarded to the petitioners has been affirmed by a Bench of co-ordinate jurisdiction. The peculiar fact situation in which the case arises and the grounds on which the provisions of Section 364A are assailed persuade us to the view that this case ought to go before a larger Bench of three Judges for hearing and disposal. We, accordingly, refer this matter to a Bench of three Judges for hearing and disposal. The appellants shall, furnish additional set of papers within four weeks, failing which the Registry shall take steps to have additional copies prepared for the Court. Since it is a death sentence case, we permit learned counsel for the parties to mention the matter before the larger Bench for an early hearing.