Whoever, being under sentence of imprisonment for , commits , shall be punished with death.[[Mithu v. State of Punjab : In 1983, Section 303 of the Indian Penal Code (IPC) was struck down. This section provided capital for by a person serving a term in another case. It was held unconstitutional in Mithu v. State of Punjab. The Supreme Court explained that the was not based on rational principle as no judicial discretion was available to a .A five-Judge Bench of the SC struck down Section 303 of the IPC, holding that the provision violated Articles 14 and 21 of the Constitution. As per Section 303, if a person undergoing imprisonment committed , they would mandatorily be sentenced to death. The SC held that the provision drew an arbitrary distinction between persons committing and persons undergoing imprisonment who committed . There was no rationale behind this distinction. Further, a mandatory death sentence prevents courts from exercising their discretion.(https:legalserviceindia.com/legal/article-8500-case-note-mithu-v-s-state-of-punjab-1983-.html, https:indiankanoon.org/doc/590378/)]]
