Only provision in which the court cannot exercise the discretionary power in awarding the sentence is section 303, which provides that “whoever, being under sentence of imprisonment for life commits murder shall be punished with death”. I find no rational justification for making a distinction in the matter of punishment between two classes of offenders, one is, under the sentence of life imprisonment, who commits murder whilst another, not under the sentence of life imprisonment. .....BLAST & others =VS= Bangladesh & others, (Civil), 2016-[1 LM (AD) 286] ....View Full Judgment