Shraddananda and Bariyar. This aspect of the
sentencing policy in Phase II as introduced by the
Constitution Bench in Bachan Singh seems to have
been lost in transition.”
21.
In Shankar Kisanrao Khade (supra), this Court went to the
extent of requesting the Law Commission of India for resolving “…
the issue by examining whether death penalty is a deterrent
punishment or is retributive justice or serves an incapacitative goal.”
22.
In this context, it may be relevant to note that the Constitution
Bench in Bachan Singh (supra) has made extensive refence to the
35th Report of Law Commission submitted in the year 1967, which
justified the retention of death penalty. Interestingly, Report No. 262
submitted in the year 2015 prepared and submitted based on the
request made by this Court has taken a different view, after
extensive research and with reference to the international approach.
To quote from the introduction of the Report No. 262 :-
“CHAPTER-I
INTRODUCTION
A. Reference from the Supreme Court
21
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