7) Perhaps the accused, being unaware of his right to
lead evidence of mitigating circumstances, did not
request for time for producing material on this aspect.
Though it would not vitiate the sentence, there is
sufficient material before this Hon’ble Court for making
a further inquiry into the mitigating circumstances.
8) The accused is in death row for last 9 years since
the judgment of trial court on 08.03.2012.”
The counsel for the appellant has drawn our attention to a
certificate issued by the Gandhi Research Foundation, Jalgaon
which states that the appellant had participated in the ‘Gandhi
Vichar Sanskar Pariksha’ 2017-18 organised by the Gandhi
Research Foundation, Jalgaon. It appears from the website of the
Foundation that it conducts a country-wide examination called
“GVSP (Gandhian Values for Sustainable Peace - Gandhi Vichar
Sanskar Pariksha) to inculcate among the young generation the
art of nonviolence in daily life.” Another certificate dated 22nd
December 2016 issued by the Yogavidya Gurukul, a research
institute recognised by Pune University, states that the appellant
has successfully completed the course Yoga Pravesh. We have
also taken on record the letter dated 4th September 2021 from
Medical Officer, Central Prison Hospital, Belagavi addressed to an
advocate, stating that the appellant has been diagnosed with Oral
Generalised Sub-Mucosal Fibrosis which is in premalignant
condition.
Criminal Appeal Nos. 1473-1474 of 2017
Page 23 of 30
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