evidence on record, Mr. Colin Gonsalves, learned senior counsel for the appellant finally, and according to us rightly, submitted that at least the sentence may be commuted to life. 6. The learned senior counsel has pointed out that the hearing for conviction and sentencing was done on the same day in violation of the guidelines laid down in Bachan Singh v. State of Punjab1 and that the appellant should have been given ample time to adduce evidence in mitigation and thereafter to be heard on the question of sentence. Reliance has also been placed on Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra 2 wherein the Court held that under Sections 235(2) and 354(3) of the Code of Criminal Procedure, 1973 there is a mandate for a full-fledged and bifurcated hearing and recording of “special reasons” if the court is inclined to award death sentence. The Trial Court has solely looked at the brutality of the crime to impose death penalty whereas Bachan Singh unambiguously (supra) have held and Santosh that aggravating Bariyar and (supra) mitigating circumstances with regard to both the crime and the criminal need to be collected before imposing death penalty. Another contention raised by the appellant is that the High Court has erred in holding that the appellant did not mitigate the circumstance for not 1 (1980) 2 SCC 684 2 (2009) 6 SCC 498 4