writing before imposing the death sentence. It has been further held that the
guidelines indicated in Bachan Singh’s case will have to be applied to the
facts of each individual case where the question of imposing of death
sentence arises and after noticing the propositions emerging from the
Bachan Singh’s case, it has been held that if it shocks the collective
conscious of the society and fall in the category of ‘rarest of rare cases’, the
imposition of death penalty may be warranted. As to whether the facts and
circumstances of the case, warrants imposition of death penalty or not cannot
be applied in any straight jacket formula and it would be on facts and
circumstances unravelled in each case. It depends upon the terrain of facts
and circumstances it may have travelled and takes its colour from the same
or in other words with mathematical precision it cannot be moulded.
25.
Hence, the question which arises for our consideration in the instant
case is whether the present case would fall in the category of “rarest of rare
case” so as to confirm the death penalty or the sentence can be commuted?
26.
This Court vide order dated 25/04/2023 had called for a Prison
Conduct Report, Probation Officer's Report of accused, Psychological
Evaluation Report of Accused and Mitigation Investigation Report.
27.
As per prison conduct report dated 06/07/2023 forwarded by
Superintendent, District Jail, Yervada, it is opined that appellant is aged 47
18
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