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