State Of Haryana vs Nirmal Singh And Another on 29 September, 1998
Equivalent citations: 1999CRILJ662
Yelchuri Manohar vs State Of A.P. on 7 October, 2005
Equivalent citations: 2005(2
learned Judge is required to take into account all the mitigating circumstances standing in favour of the convict and the learned Judge is to draw ... sheet between the mitigating circumstances and the aggravating circumstances and only when the overall fact and circumstances will outweigh the mitigating circumstances standing in favour
Kishore as the crime was neither diabolical nor was committed in such circumstances with such depravity as to revolt the judicial conscience and it cannot ... would have resulted in miscarriage of justice. Pointing out towards mitigating circumstances it was contended that regarding that murder learned trial court has disbelieved major
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
circumstance in favour of the respondent nos.1,2 and
4. It is always the duty of the Court to balance aggravating
circumstances and mitigating ... frontal
parietal area. As against this, there are no major mitigating
circumstances in favour of the respondent nos.1,2 and 4.
14. The maximum
principle of "rarest of rare cases and the
aggravating and mitigating circumstances", was first enunciated in
Bachan Singh v. State of Punjab (supra ... Kumar Satish Bhushan Bariyar
(2009(6) SCC 498). The aggravating and mitigating circumstances
Cr.A.No.1299/07 & DSR 03/07 29
were categorised
referred decisions, this court has
drawn balance sheet of aggravating and mitigating circumstances.
The only mitigating circumstance aggravating for the accused ... committed heinous offence affecting the health of the society. The
mitigating circumstance must yield to this aggravating circumstance.
Therefore, it is not fit case
offenders.
Therefore, prayed that minimum sentence may be imposed by
considering mitigating circumstances of accused No.1 and 2.
S.C.No.1641/2019
Learned ... they are the only bread winners for their
families. Considering the mitigating circumstances submitted by the
accused persons, this court is of the opinion that
State By Banashankari Police vs Jabiuddin @ Jaibuddin @ Tabrez on 30 July, 2020
1
IN THE