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
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
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
State Of Haryana vs Nirmal Singh And Another on 29 September, 1998
Equivalent citations: 1999CRILJ662
when in the case at hand
balance sheet of aggravating and mitigating circumstances is drawn up,
the mitigating circumstances far outweigh the aggravating situation ... nature and circumstances of the crime and all the
relevant circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn
read with Section 34 , and Section
201. After considering aggravating and mitigating circumstances,
ultimately the death sentence imposed by the trial court was
confirmed ... nature and
circumstances of the crime and all the relevant
circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn
Arora submitted that weight had to be given to mitigating
circumstances, to guide sentencing discretion; relevant factors being – age at
which the offence was committed ... essential, and must be
undertaken. It was argued that the mitigating circumstances, and report of the
probation officer were neither considered by the trial court
option is unquestionably foreclosed." A balance-sheet of aggravating and mitigating circumstances has to be drawn up and in doing so the mitigating circumstances ... nature and circumstances of the crime and all the relevant circumstances.
(iv) A balance-sheet of aggravating and mitigating circumstances has to be drawn
Penal Code and this ought to have been considered as a
mitigating circumstance, while imposing on him the sentence of
death.
67. V. R. Krishna
