The Code of Criminal Procedure, 1973  - Section 235 (2)

Enhancing the sentence of life imprisonment to death - The nature of the show-cause-notice was whether the life sentence awarded by the trial court be not enhanced to death penalty - No genuine effort has been made by the Court to elicit any information either from the accused or the prosecution as to whether any circumstance exists which might influence the Court to avoid and not to award death sentence. Awarding death sentence is an exception, not the rule, and only in rarest of rare cases, the Court could award death sentence - The state of mind of a person awaiting death sentence and the state of mind of a person who has been awarded life sentence may not be the same mentally and psychologically - The court has got a duty and obligation to elicit relevant facts even if the accused has kept totally silent in such situations - In the instant case, the High Court has not addressed the issue in the correct perspective bearing in mind those relevant factors, while questioning the accused and, therefore, committed a gross error of procedure in not properly assimilating and understanding the purpose and object behind Section 235(2) Cr.P.C.

Topic(s)-Enhancing the Sentence of Life Imprisonment to Death

Important Decision(s)- 

• The nature of the show-cause-notice was whether the life sentence awarded by the trial court be not enhanced to death penalty.
• The court has got a duty and obligation to elicit relevant facts even if the accused has kept totally silent in such situations.