years at the time of the
incident and family dependants as mitigating
circumstances.
3.5 On 27.03.2012, the High Court, in Criminal
Appeal ... Petitioner’s appeal, and
confirmed the death sentence as the only
mitigation circumstances placed before this
Court at that time were related to the
Petitioner
each case.
(emphasis supplied)
25. Fourth, as to aggravating and mitigating circumstance to be considered, to award appropriate punishment, in Bachan Singh vs State ... possible to make an exhaustive enumeration of aggravating and mitigating circumstances to be considered while sentencing an offender. At the same time, it was maintained
fixed duration will meet the ends of justice inasmuch as
mitigating circumstances like age of the appellant being only 21 years at the
time ... MPHC-JBP:24794
3 CRRFC-4-2021
any undue advantage, mitigating circumstances will far out weigh the
aggravating circumstances to convert the sentence from death
Courts must: Prepare balance sheet of
aggravating and mitigating factors, give full weightage to mitigating
circumstances, record special reasons if choosing death penalty, explain ... nature and circumstances of
the crime and all the relevant circumstances.
(iv) A balance sheet of aggravating and mitigating circumstances has to be
drawn
fixed duration will meet the ends of justice inasmuch as
mitigating circumstances like age of the appellant being only 21 years at the
time ... undue advantage, mitigating circumstances will far out weigh the
aggravating circumstances to convert the sentence from death penalty to that
of life imprisonment.
3. Shri
Courts must: Prepare balance sheet of
aggravating and mitigating factors, give full weightage to mitigating
circumstances, record special reasons if choosing death penalty, explain ... nature and circumstances of
the crime and all the relevant circumstances.
(iv) A balance sheet of aggravating and mitigating circumstances has to be
drawn
fixed duration will meet the ends of justice inasmuch as
mitigating circumstances like age of the appellant being only 21 years at the
time ... MPHC-JBP:24794
3 CRRFC-4-2021
any undue advantage, mitigating circumstances will far out weigh the
aggravating circumstances to convert the sentence from death
secondly, learned trial court has failed to balance aggravating and
mitigating circumstances, therefore the judgment of conviction requires
to be and be set aside ... aggravated
circumstance. Thus, it is submitted that looking into the past criminal
history, the aggravating circumstances far outweigh the mitigating
circumstances therefore the conviction
secondly, learned trial court has failed to balance aggravating and
mitigating circumstances, therefore the judgment of conviction requires
to be and be set aside ... aggravated
circumstance. Thus, it is submitted that looking into the past criminal
history, the aggravating circumstances far outweigh the mitigating
circumstances therefore the conviction
that, neither aggravating circumstances are shown to exist nor all mitigating circumstances have been considered, before awarding the maximum sentence. The appellants have been acquitted ... occurrence. Thus, that mitigating factor is found present.
45. As to ailment, none has been cited. Therefore, that mitigating circumstance is lacking
