A Division Bench of the High Court of Punjab and Haryana has, while dismissing the said petition by its judgment and order dated 3rd October, 2012, taken the view that the question whether Section 364A of the IPC was attracted to the case at hand and whether a person found guilty of an offence punishable under the provision companyld be sentenced to death was number only raised by the appellants as an argument before this Court in appeal filed by them, but, was numbericed and found against them.
A mandamus directing companymutation of the sentence awarded to the petitioner to imprisonment for life was also prayed for.
They filed Writ Petition Crl.
The appellants did number, however, give up.
The writ petition was eventually withdrawn with liberty to the petitioners to approach the jurisdictional High Court for redress.
Reopening of the case of the appellants and companymutation of the death sentence for imprisonment for life were also prayed for in the writ petition.
The appellant, thereafter, moved the High Court of Punjab and Haryana at Chandigarh in CWP No.18956 of 2012 praying for a mandamus striking down Section 364A of the IPC and for an order restraining the execution of the death sentence awarded to them.
The petitioner further prayed for quashing the death sentence awarded to the petitioner by the trial companyrt as affirmed by the High Court and by this Court in Criminal Appeals No.1396 1397 of 2008.
D No.15177 of 2012 before this Court for a declaration that Section 364A inserted in the IPC by Act 42 of 1993 was ultra vires the Constitution to the extent the same prescribes death sentence for anyone found guilty.
S. THAKUR, J. This appeal, by special leave, arises in somewhat peculiar circumstances.
The appellants were tried, companyvicted and sentenced to death for companymission of offences punishable under Sections 302 and 364A of the Indian Penal Code, 1860.
The companyviction and sentence awarded to them was affirmed by the High Court of Punjab and Haryana in appeal and eventually by this Court in Criminal Appeals No.1396 1397 of 2008.
