proved
its case beyond reasonable doubt and there is no mitigating circumstances
to give lesser punishment to the accused. The occurrence has happened ... deceased and
their relationship would clearly show that there are mitigating
circumstance to award lesser sentence other than the capital punishment.
The accused was mentally
considered the aggravating circumstances of the crime as well as the
mitigating circumstances of the accused before imposing the death
sentence. In support ... nature and
circumstances of the crime and all the relevant
circumstances.
(iv) A balance sheet of aggravating and
mitigating circumstances has to be drawn
nature and circumstances of the crime and
all the relevant circumstances.
(iv) A balance sheet of aggravating and
mitigating circumstances has to be drawn ... Court should consider the circumstance of the case with particular
reference to any extenuating circumstances, which can be said to mitigate
the enormity
said Code.β
***
"206. Dr Chitale has suggested these mitigating
factors:
βMitigating circumstances.βIn the exercise of its
discretion in the above cases, the court ... said to mitigate the enormity of the crime. If the court is
satisfied that there are such mitigating circumstances,
only then, it would be justified
nature and circumstances of the
crime and all the relevant circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn ... Court should consider the circumstance of the case with particular
reference to any extenuating circumstances, which can be said to mitigate
the enormity
punishment, the court is obliged to balance between the aggravating and mitigating circumstances and impose the appropriate punishment so as to do justice ... balancesheet theory" so as to balance between the aggravating and mitigating circumstances and there are also judgments of the Hon'ble Supreme Court
punishment, the court is obliged to balance between the aggravating and mitigating circumstances and impose the appropriate punishment so as to do justice ... sheet theory" so as to balance between the aggravating and mitigating circumstances and there are also judgments of the Hon'ble Supreme Court
that the Enquiry Officer in his report has given certain mitigating circumstances in favour of the petitioners to be considered by the Disciplinary Authority while ... with regard to the mitigating factors pointed out by the Enquiry Officer in his report. The mitigating circumstances in so far as the first appellant
nature and circumstances of the crime and all the relevant circumstances.
(iv) A balance sheet of aggravating and mitigating circumstances has to be drawn ... doing so the mitigating circumstances have to be accorded full weightage and a just balance has to be struck between the aggravating and the mitigating
learned trial
Judge without any reason and without considering the mitigating
circumstances awarded maximum sentence of imprisonment. The learned
counsel produced number of documents