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S.JEEVAGAN, Madurai. (Advocate, High court )     28 July 2015

Punishment in criminal case- capital sentencing

PUNISHMENT IN CRIMINAL CASE- CAPITAL SENTENCING 

Criminal P.C. (1973), S.354(3) - Capital sentencing - Mitigating and aggravating circumstances - Court is duty bound to equally consider both - Principled approach is also mandated in view of Arts.14 and 21 of the Constitution - This applies to heinous crimes as much as it applies to relatively less brutal murders.

 

SANTOSH KUMAR SATISHBHUSHAN BARIYAR VS. STATE OF MAHARASHTRA

      2009-ALL SCR-1421 (Paras 79 and 80)



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