Full Judgment
R.S. Sarkaria, J.
1. Ambaram was tried and convict'd for murder of one Kachru by the Sessions Judge and sentenced to death. The High Court of Madhya Pradesh has confirmed the sentence, of death. His appeal limited to the question of sentence, by special leave, is now before us. The appellant was tried alongwith four other persons for the double murder of Kachru & Parwat. It is said it was the appellant who shot dead Kachru, while his companions as resulted Parwat to death with Sharuedged weapons a lathi. The Trial Court and recorded conviction of the appellant after the Cr PC 1973, had come into force. The learned Judges of the High Court do not appear to have adverted at all to the changes brought about in the matter of awarding a death sentence by Section 354(3) of the New Code. Sub-section (5) of Section 367 of the Cr PC, 1898, as it stood before the Amending Act 26 of 1955, enjoined upon the Court convicting a person of capital offence, to give reasons why imprisonment for life, instead of a death sentence was being awarded. That rule, and death sentence an exception in the matter of awarding punishment for murder. Now, if a death sentence is to be awarded to a person found guilty of murder, the Court awarding it has to justify it by giving special reasons. The implication of this change in law wrought by the Code of 1974, were explained by this Court in Balwant Singh v. State of Punjab (1). The High Court has not given any special reasons why Ambaram has been singled out for the award of the extreme penalty Nor do we find any such reason to treat him differently in the matter of sentence from his companions who have been awarded the lesser penalty. On this short ground we allow this appeal and commute Ambaram's death sentence to that of imprisonment for life.