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
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
other.
204. Dr. Chitaley has suggested these mitigating factors:
"Mitigating circumstances";- in the exercise of its discretion in the above cases, the Court ... 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
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 just balance has to
be struck between the aggravating and the
mitigating circumstances
High Court. But without reference to the aggravating or mitigating
circumstances or to the special reasons, the High Court held that the case
does ... nature and circumstances of the crime and all the
relevant circumstances.
iv) A balance-sheet of aggravating and mitigating circumstances
has to be drawn
Akhtar vs State Of U.P. on 28 August, 2014
Author: Amar Saran
Bench: Amar
prisoners antecedents and after a careful balancing of the aggravating and mitigating circumstances, giving maximum weightage to the latter, cannot be lost sight ... conclusion whether only a death sentence was appropriate. One important mitigating circumstance to be taken into account was whether the accused had a previous criminal
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
death sentence, observed that the cumulative effect of
both aggravating and mitigating circumstances need to be taken
into account while awarding the sentence. The court ... aggravating
circumstances" while the other being the "mitigating
circumstances". The court would consider the
cumulative effect of both these aspects and normally
