Alternative sentences

Once the legislature had provided for awarding alternative sentence of life imprisonment, it would be difficult to hold that in all the cases of murder, the death penalty was the normal penalty and should ordinarily be awarded

If the intent of the legislature was to take away the discretion of the court, then it would have omitted from S. 302(b), P.P.C. the alternative sentence of life imprisonment

Sentence of death and life imprisonment were alternative to one another, however, awarding one or the other sentence essentially depended upon the facts and circumstances of each case.

Validity-Section 302(b), P.P.C. clearly provided for two alternative sentences, i.e. sentence of death or sentence of imprisonment for life for the offence of murder and it did not state that any one of said sentences was to be treated as the normal sentence

Section 302(b), P.P.C. itself mentioned that any one of the two alternative sentences provided for therein was to be passed "having regard to the facts and circumstances of the case"

Plea was repelled accordingly.