criminal, we do not find that a proper psychological/psychiatric
evaluation
is
done.
Without
the
assistance
of
such
a
psychological/psychiatric assessment and evaluation it would not be
proper to hold that there is no possibility or probability of reform.
The State has to bear in mind this important aspect while proving by
evidence that the convict cannot be reformed or rehabilitated.
17.
Another aspect that has been overlooked by the High Court is
the procedural impropriety of not having a separate hearing for
sentencing at the stage of trial. A bifurcated hearing for conviction
and sentencing was a necessary condition laid down in Santosh
Bariyar (supra). By conducting the hearing for sentencing on the
same day, the Trial court has failed to provide necessary time to the
appellant to furnish evidence relevant to sentencing and mitigation.
18.
For the abovementioned reasons, we hold that the imposition of
death sentence was not the only option and hence the same needs
to be commuted to imprisonment for life.
Future of death penalty in India
19.
Since Bachan Singh (supra) is a Constitution Bench decision of
this Court, the Courts are bound to follow the principles laid down in
the said judgment until it is duly revisited. But we cannot altogether
ignore the fact that various Benches have, over a period of time,
expressed concern regarding the inconsistent application of the
18
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