64
Cri.Appeals 516, 281 n 468 of 2012.odt
rt
individual case where the question of imposing the death
Singh case (supra) :
(i)
C
ou
sentence arises. The following positions emerge from Bachan
The extreme penalty of death need not be
inflicted except in gravest cases of extreme
culpability.
Before opting for the death penalty the
ig
h
(ii)
circumstances of the “offender” also require to
be taken into consideration along with the
circumstances of the “crime”.
H
(iii) Life imprisonment is the rule and death
sentence is an exception.
In other words
death sentence must be imposed only when
ba
y
life imprisonment appears to be an altogether
inadequate punishment having regard to the
relevant circumstances of the crime, and
B
om
provided, and only provided, the option to
impose sentence of imprisonment for life
cannot be conscientiously exercised having
regard to the nature and circumstances of the
crime and all the relevant circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn up and in doing
so the mitigating circumstances have to be
accorded full weightage and a just balance has
to be struck between the aggravating and the
mitigating circumstances before the option is
exercised.
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