is nothing on record to even suggest that the appellant was a hardened
criminal.
11.
We do not propose to deal with the submissions advanced by learned
counsel since similar submissions were raised before us in Rajendra
Pralhadrao Wasnik v. State of Maharashtra in which we have delivered
judgment today. The cases cited by learned counsel for the appellant in
this petition as well as in Rajendra Pralhadrao Wasnik were the same and
we would only be duplicating our efforts and repeating what we have
already said.
12.
Apart from the above submissions, it was contended by learned
counsel for the appellant that the socio-economic circumstances relating to
the appellant are relevant for an objective consideration of the award of
sentence and these have not been considered by any court including this
Court.
13.
It was submitted that the “collective conscience of the society” and
reference to it for the purposes of imposition of a sentence is totally
misplaced. It is not possible to determine public opinion through evidence
recorded in a trial for an offence of murder and it is even more difficult, if
not impossible, to determine something as amorphous as the collective
conscience of the society.
14.
Finally, it was submitted that the appellant has been in custody for a
R.P. (Crl.) No.245 of 2010 in Crl. Appeal No. 811 of 2009
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