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In Reference vs Lallu @ Suresh Kewat on 11 December, 2015 HIGH COURT OF MADHYA PRADESH

mitigating circumstances and that there has to be overall consideration of the circumstances regarding the accused as also the offence. Some aggravating circumstances were also ... Supreme Court insisted upon the mitigating circumstances being balanced against the aggravating circumstances. The aggravating circumstances were described as under: Crl.A.Nos.966/2013

crime has shocked our judicial conscious. There are no extenuating or mitigating circumstances whatsoever in the case. We agree that a real and abiding concern ... nature and circumstances of the crime and all the relevant circumstances. (iv) A balance-sheet of aggravating and mitigating circumstances has to be drawn

crime has shocked our judicial conscious. There are no extenuating or mitigating circumstances whatsoever in the case. We agree that a real and abiding concern ... nature and circumstances of the crime and all the relevant circumstances. (iv) A balance-sheet of aggravating and mitigating circumstances has to be drawn

according to the learned Senior Counsel, having regard to the above mitigating circumstances, the punishment may be reduced. He would further submit that the petitioner ... also to the mitigating circumstances. It is well known that the aggravating circumstances relate to the crime and the mitigating circumstances relate to the criminal

submitted that death sentence cannot be imposed if there is any mitigating circumstance in favour of the accused and for imposition of such sentence ... determination of sentence. The said circumstances read as follows: Mitigating circumstances - In the exercise of its discretion in the above cases, the court shall take

Courts should consider the aggravating circumstances relate to the crime while mitigating circumstances relate to the criminal. A balance sheet cannot be drawn ... impose any sentence without taking into account all aggravating and mitigating circumstances." 9. In the aforementioned Division Bench judgment, considering the aggravating and mitigating

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

delivered the judgment of the court, took notice of the mitigating circumstances in the case, They were summed up as follows: There was some probability ... drunkenness: (9) childhood. Indeed these-are not the only aggravating or mitigating circumstances which should be considered when sentencing an offender. The list

argued   that   respondent   nos.1­11   who   have  pleaded   mitigating   circumstances   in   the   main   petition  cannot   be   heard   on   that   aspect   since   mitigating  circumstances ... appear   in   the   revenue  records.  17. It   was   argued   that   the     mitigating   circumstances  can always  be  pressed into  service at any point of time