A murdered his brother and his son. The Sessions Judge who tried the case described the offence as horrible and awarded death penalty to A. A preferred an appeal against the death penalty Will the succeed?.
As per Sec. 28(2) of Cr.P.C, a Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. As per this section, since death sentence passed by a Sessions Judge requires confirmation by the High Court, generally, the High Court will not confirm a death sentence, if the death caused by the convict is not one of ‘rarest of rare cases’. The term ‘horrible’ as described by the sessions judge is not covered under the term ‘rarest of rare cases’ and hence A can succeed in the appeal before the High Court.