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
entire law on
the subject, recapitulated and enunciated the aggravating and mitigating
circumstances as well as the principles that should guide the judicial
discretion ... only the judicial conscience but even the conscience
of the society.
Mitigating Circumstances :
1. The manner and circumstances in and under which the
offence
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
society who was incapable of being reformed. None of the mitigating circumstances mentioned in Bachan Singh v State of Punjab ... High Court observing that in the balance sheet of aggravating and mitigating circumstances, the former were pre-dominant, and rejected the reference and dismissed
extreme depravity of the
appellant? In our view it does.
The mitigating circumstances pointed out by the
learned counsel for the appellant are, though ... appellant
himself did not state any mitigating circumstances when
inquired about the same by the learned Sessions Judge, that
the appellant is a young
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 has to be accorded full
weightage and a just balance has to be
struck between the aggravating and the
mitigating
misappropriation.
III. The courts below have not taken into consideration
mitigating circumstances in favour of accused while
sentencing him to undergo simple imprisonment ... incident. The learned trial Judge has not considered
aggravating and mitigating circumstances.
10
18. In the decision reported in AIR 1958 MYSORE
offence, have to delicately balance the aggravating and mitigating
factors and circumstances in which a crime has been committed, in a
dispassionate manner ... aggravating circumstances' and the other
being, the 'mitigating circumstance’. To balance the two is the primary
duty of the Court. The principle
interested by either side, to have evidence adduced to show
mitigating circumstances to impose a lesser sentence or
aggravating grounds to impose death penalty. Therefore ... length the evaluation of sentencing policy and the concept of mitigating
circumstances in India relating to the death penalty. The meaning and
content
imprisonment for 7 years. We feel that
there are some mitigating circumstances which keep us back from imposing
life imprisonment. Both the appellant and deceased
