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
Trial Court awarded death
sentence after drawing a balance-sheet weighing `mitigating’
circumstances against `aggravating’ circumstances. It noted that lack of
criminal antecedents ... nature and circumstances of the
crime and all the relevant circumstances.
(iv) A balance sheet of aggravating and mitigating circumstances
has to be drawn
Sachin Kumar Singhraha vs The State Of Madhya Pradesh on 3 March, 2016
(1)
Criminal
Trial Court thereafter compared the `aggravating
circumstances’ vis-a-vis the `mitigating circumstances’ and
having found that the crime was committed in a most brutal ... High Court drew up the balance sheet of the `aggravating’ and
`mitigating’ circumstances and after their comparative
analysis, it concurred with the extreme penalty awarded
Hunny @ Kakku vs The State Of Madhya Pradesh on 3 March, 2020
Author: S.C
case of
Kunal Majumdar (supra) considered all aggravating and
-11-
mitigating circumstances which are required to be taken
into consideration while considering a case ... wherein the
Court reiterated the 13 aggravating and 7
mitigating circumstances as laid down in the
case of Bachan Singh (supra) required to be
taken
State of Madhya
Pradesh, the Court had noted that no mitigating circumstance could be
found in favour of the appellant as the perpetrator ... criminal".
85 Thus the theory of the aggravating and the mitigating
circumstances depending on the facts of the particular cases had taken
birth. However
been given.
Both sentences have been given ignoring the mitigating
circumstances. The accused is suffering from polio of left leg. It is
also that ... give death
sentence. The Court was expected to consider mitigating
circumstances while giving punishment to the accused.
Learned counsel has made reference of the judgment
In Reference Of Chhattisgarh vs Lochan Shrivas 14 Cra/888/2016 Lochan ... on 17 November
Lochan Shriwas vs State Of Chhattisgarh 15 Cra/328/2012 ... on 17 November, 2017
Author
