- (1.) This open court hearing of the present review petitions is pursuant to the order of the Constitution Bench of this Court in the case of Mohd. Arif alias Ashfaq v. Registrar, Supreme Court of India and others, 2014 9 SCC 737.
(2.) We have heard Shri L. Nageswara Rao and Shri Sushil Kumar, learned Senior Counsels appearing for the accused review petitioners who have been sentenced to death following their conviction under Section 302 IPC. We have also heard Shri M. Yogesh Kanna, learned counsel for the State of Tamil Nadu.
(3.) The arguments on behalf of the review petitioners have been confined to the question of sentence only. It has been submitted that having regard to the facts and circumstances borne out by the evidence on record, the judgment under review overlooks certain vital facts and circumstances that ought to have been considered while deciding on the sentence awarded. It is therefore submitted that the sentence imposed on the accused - review petitioners be modified and the sentence of death awarded be commuted to one of life imprisonment.;