- Criminal P.C. (1973), S.354(3) - Death sentence - Is unique in its total irrevocability - Hence it is imperative to consider whether alternative punishment of life imprisonment will be futile and serve no purpose - This analysis can only be done when Court focuses on circumstances relating to criminal, along with other circumstances.
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SANTOSH KUMAR SATISHBHUSHAN BARIYAR VS. STATE OF MAHARASHTRA2009-ALL SCR-1421 (Paras 67, 68 and 69)