8
could not be treated as circumstances of aggravating
nature. That apart and more importantly, we find that
the conduct of the appellant in jail, in last few
years, has been quite satisfactory. In fact, there is
material on record to show that the appellant is on
the path of reformation
and it is possible that he
has already been a reformed person. We are making
these
observations having
regard to
the fact
that
while in jail the appellant has participated in the
Examination
Sahyog
on
Trust,
Gandhian
Thoughts
Sarvodaya
organized
Ashram
Nagpur
&
by
the
Mumbai
Sarvoday Mandal based on the life and teachings of
Mahatma Gandhi. He has been awarded certificate of
participation.
The
appellant
has
also
qualified
B.P.P. (Bachelor Preparatory Programme) from Indira
Gandhi
National
Open
University
("IGNOU")
which
qualifies him to get admission in B.A. On that basis,
he has even secured admission in B.A. course in IGNOU
and is pursuing the same. The Jail report shows that
his jail conduct is satisfactory.
For these reasons, we are of the opinion that
the
High
Court
sentence
punishment.
is
from
These
not
life
correct
in
imprisonment
appeals
are,
enhancing
to
accordingly,
the
capital
partly
allowed by restoring the sentence as awarded by the
trial court and setting aside that part of the Order
of the High Court.
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