materials in his favour so as to place on record the mitigating
circumstances which mandate the imposition of lesser penalty.
8
15. It is pertinent ... produce such material on record as is available to show the
mitigating circumstances in his favor. In other words, the
9
accused at this stage
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
discretion to impose the extreme penalty of death sentence,
aggravating and mitigating circumstances are required to be
considered. Some of the mitigating factors would ... imprisonment is the rule and death sentence, an
exception, and the mitigating circumstances must be
given due consideration. Bachan Singh further
mandates that in considering
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
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
Dattatraya @ Datta Ambo Rokade vs The State Of Maharashtra on 21 February, 2019
Equivalent citations
Amended Bill 1978,
similarly the mitigating circumstances. As suggested by
Dr. Chitale the circumstances are as under:-
Aggravating circumstances : A Court may, however ... nature and
circumstances of the crime and all the relevant
circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn
confirmed on account of
aggravating circumstances or due to having some mitigating
circumstances, it may be converted into the imprisonment for life. In this
regard ... nature and
circumstances of the crime and all the relevant
circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn
Special Court had committed gross error in
not considering the mitigating circumstances
before awarding capital punishment.
According to him, there was no evidence on
record ... Court. The Special Court after, taking
into consideration the mitigating and
aggravating circumstances as laid down by
the Supreme Court in case of Bachan Singh
The State Of Maharashtra vs Vishwajeet Kerba Masalkar on 23 July, 2019
Equivalent citations: AIRONLINE
