65 Before the new Code of Criminal Procedure both rt 81. Cri.Appeals 516, 281 n 468 of 2012.odt C ou alternative sentences provided in Section 302 of the Indian Penal Code were normal sentences but position is now modified by Section 354(3) of the Code of Criminal Procedure which mandates the Courts convicting a person for an offence ig h punishable with death or in the alternative with imprisonment for life or any other term of imprisonment not to impose sentence of death on that person unless there are “special reasons” to be H recorded by the Court for such sentence. The expression “special reasons” in Section 354(3) means “exceptional reasons” founded ba y on exceptional grave circumstances of the crime as well as the criminal as held in Bachan Singh's case. In this connection, it is necessary here to refer the relevant paragraph from the judgment B om in Bachan Singh's case (supra) : “As we read Sections 354(3) and 235(2) and other related provisions of the Code of 1973, it is quite clear to us that for making the choice of punishment or for ascertaining the existence or absence of “special reasons” in that context, the court must pay due regard both to the crime and the criminal. What is the relative weight to be given to the aggravating and mitigating factors, depends on the facts and circumstances of the particular case. ::: Uploaded on - 08/03/2016 More often than not, these two ::: Downloaded on - 13/03/2016 19:36:29 :::