unquestionably
foreclosed.
13. Learned amicus curiae has submitted that, there are
mitigating circumstances in favour of both the appellants.
According to him, Sanatan Goswami ... nature and
circumstances of the crime and all the relevant
circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn
State of
Maharashtra ) that age should be considered as a mitigating
circumstance, in favour of the appellant.
5
8. On the aspect of death penalty ... nature and circumstances of the crime and all the relevant
circumstances. A balance sheet of aggravating and mitigating
circumstances has to be drawn
State of
Maharashtra ) that age should be considered as a mitigating
circumstance, in favour of the appellant.
5
8. On the aspect of death penalty ... nature and circumstances of the crime and all the relevant
circumstances. A balance sheet of aggravating and mitigating
circumstances has to be drawn
mitigating and
aggravating circumstances governing the convict and
arrived at the finding that, the aggravating circumstances
outweighed the mitigating circumstances in favour of the
convict ... mitigating factors in
his favour. His conduct subsequent to his arrest is another
factor which has to be considered as a mitigating
circumstance in favour
Trial Judge did not embark
upon an exercise in evaluating the mitigating circumstances
and aggravating circumstances. The learned Trial Judge did
not return a finding ... nature
and circumstances of the crime and all the relevant
circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn
circumstances of the offenders
32
also. This court has noticed the aggravating
circumstances which, in the absence of any
mitigating circumstances, have been regarded ... nature and
circumstances of the crime and all the relevant
circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn
sentence we find hardly any balance sheet of
aggravating and mitigating circumstances drawn up by the Ld.
Trial Judge before passing order of sentence ... nature and
circumstances of the crime and all the relevant
circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn
amicus curiae has submitted
that, while awarding a death sentence the mitigating
circumstances must outweigh the aggravating circumstances.
He has relied upon 2022 Volume ... rarest of the rare case. The aggravating circumstances
outweighed the mitigating circumstances overwhelmingly.
Therefore, the death sentence awarded should be confirmed.
27. In support
State Of West Bengal vs Suresh Paswan on 17 June, 2025
Author: Debangsu Basak
Bench
State Of West Bengal vs Suresh Paswan on 17 June, 2025
Author: Debangsu Basak
Bench
