Devender Pal Singh vs State, N.C.T. of Delhi and Anr.

The Supreme Court, while reviewing the death sentence imposed in Criminal Appeal No.761/2001, held that the imposition of death penalty is inappropriate when one of the judges on the bench has recorded an acquittal. The Court emphasized that the practice has been to refrain from imposing death sentences in cases where there is a dissenting opinion regarding guilt, particularly when one judge advocates for life imprisonment or acquittal. The Court noted that such cases do not meet the criteria of 'rarest of the rare' and thus should be reconsidered, potentially by a larger bench, under Article 137 of the Constitution and relevant Supreme Court Rules.