justify awarding death penalty. He further submits that, in
the present case, the order convicting the appellant and
imposing death penalty were done simultaneously. He
submits that the learned Trial Judge also does not consider
the balance between the mitigating circumstances and
aggravating circumstances while awarding the death penalty.
Learned Senior Counsel therefore submits that in the event
this Court is not inclined to interfere with the finding of the
conviction, in the facts and circumstances of this case and
particularly taking into consideration the fact that the
appellant lost his mother and brother at a tender age, the
socio-economic background of the appellant and the age of
the appellant at the time of commission of crime so also his
conduct and behaviour in the prison entitle him for
commutation of sentence.
5.
Shri Bhupendra Pratap Singh, learned Deputy Advocate
General (DAG), on the contrary, submits that the learned
Trial Judge as well as the High Court, upon appreciation of
the evidence, have correctly come to a finding that the
present appellant is guilty for the offences committed.
He
therefore submits that no interference is warranted in the
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