eschewed while sentencing a convict found guilty of a grave or brutal
crime. On the facts of the present case, we find that there was no material
whatsoever to come to the conclusion that the gravity of the crime caused
revulsion in the society or that it had materially disturbed normal life in the
society. Consequently, the view expressed by the learned Trial Judge in
this regard must be disregarded for the purposes of imposing an appropriate
sentence on the appellant.
Conclusion
28.
On an overall consideration of the facts of the case from the point of
view of the crime and the criminal, we are of opinion that even though the
case may be one of circumstantial evidence, it is now well settled that that
by itself is not enough to convert a sentence of death into a sentence of
imprisonment for life. We have held so in Rajendra Pralhadrao Wasnik
and do not feel the necessity of repeating what has already been said.
29.
We are also of opinion that all the courts including this Court
overlooked consideration of the probability of reform or rehabilitation and
social reintegration of the appellant into society. There is no meaningful
discussion on why, if at all, the appellant could not be reformed or
rehabilitated.
30.
The Trial Court was in error proceeding on the basis, while awarding
a sentence of death to the appellant by observing that he was a hardened
R.P. (Crl.) No.245 of 2010 in Crl. Appeal No. 811 of 2009
Page 17 of 19
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