If the crimes committed by Abu Salem deserve death penalty, the judge has no choice but to announce death penalty for him acccording to the Indian Law.
It may be that the Government of Portugal, from where Abu Salem has been extradited and where there is no death penalty, has made " NO DEATH PENALTY " as a precondition for extrdition. In case the Government of India as acceeded to this condition, Abu Salem can be kept in the death row cell till the end of his life.
