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
mitigating factor, death sentence was commuted to that of life
imprisonment. ‘Criminal test’ was applied and was found not fully
satisfied since some mitigating circumstances ... accused and I do not find any
mitigating factor favouring the accused. The only mitigating circumstance
stated was that the accused is having two sons
nature and
circumstances of the crime and all the relevant circumstances.
(iv) A balance sheet of aggravating and mitigating circumstances has to be drawn ... death sentence. The
mitigating circumstances and the aggravating circumstances have to be balanced. In
the balance sheet of such circumstances, the fact that the case
that the trial court had erroneously held
that there was no mitigating circumstances therefor.
The learned counsel for the State, however, supported the impugned
judgment ... stated:
"206. Dr Chitale has suggested these mitigating
factors:
"Mitigating circumstances.--In 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
22
circumstances, only then, it would ... hereinbelow:
"206. Dr. Chitaley has suggested these
mitigating factors:
Mitigating circumstances:-In the
exercise of its discretion in the above
cases, the court shall
However, for some reasons, the High Court did
not find any mitigating circumstance in favour of the accused for the
purpose of balancing aggravating against ... mitigating. Even, the High Court
recorded at page 38 of the impugned order as under:-
“… In this background, looking for a strong mitigating circumstance
discretion, the court would also take into consideration the
mitigating circumstances and their resultant effects.
32. The language of Section 354(3) demonstrates the legislative ... nature and
circumstances of the crime and all the relevant
circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn
death penalty.
(ii)-(a) No exhaustive enumeration of aggravating or mitigating
circumstances which should be considered when sentencing an offender,
is possible. “The infinite variety ... mitigating circumstances through a
balance sheet theory. In doing so, it sought to compare aggravating
circumstances pertaining to a crime with the mitigating circumstances
pertaining
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
consideration the totality of circumstances,
that is, the aggravating and the mitigating circumstances, the learned
trial Judge regarded the case as rarest of the rare ... nature and circumstances of
the crime and all the relevant circumstances.
(iv) A balance sheet of aggravating and mitigating circumstances has to be
drawn
