Trial Court as also the High Court have not
examined the mitigating circumstances existing in this matter, including
that it is a case of weak ... death should be maintained. In
vain, we have searched for mitigating circumstances-but found
aggravating circumstances aplenty.”
Rival Submissions
11. Learned counsel for the appellant
trial court has not prepared a balance sheet of aggravating and mitigating circumstances to reach at a just conclusion to hold that the case ... Chitale as under:-
"206. Dr. Chitale has suggested these mitigating factors:
Mitigating circumstances:- In the exercise of its discretion in the above cases
through a
counsel provided by Legal Aid Committee, this is a mitigating
circumstance in favour of the appellant.
49. Parties confined their arguments
Test and reduced in
writing the aggravating and mitigating circumstances. Thereafter, the
Court below opined that the appellant deserves a capital punishment of
death sentence
unquestionably
foreclosed.
13. Learned amicus curiae has submitted that, there are
mitigating circumstances in favour of both the appellants.
According to him, Sanatan Goswami ... nature and
circumstances of the crime and all the relevant
circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn
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
nature and circumstances
of the crime and all the relevant circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn ... aggravating circumstance. However,
the aggravating circumstances must not be seen in isolation but on an
overall global perspective of all circumstances including the mitigating
ones
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
FRAMING GUIDELINES REGARDING POTENTIAL
MITIGATING CIRCUMSTANCES TO BE CONSIDERED
WHILE IMPOSING DEATH SENTENCES
JUDGMENT
S. RAVINDRA BHAT, J.
1. This order is necessitated ... intended to afford an opportunity to place materials to show
mitigating circumstances - and, for the prosecution, aggravating circumstances
and that “sufficient time must be given
incriminating circumstances, conviction has been recorded
by the trial Court, it is coupled with the other incriminating
circumstances as pointed out and even if motive ... awarding capital punishment for which the balance
between aggravating circumstances and mitigating circumstances has
to be struck. Seven other factors like, age of the accused
