Case: Manoj Suryavanshi v. State of Chhatisgarh (2020 SCC OnLine SC
313)
Decided on 05.03.2020
Corum: Uday Umesh Lalit, Indira Banerjee and M.R. Shah, JJ.
Death Sentence– The following can be said to be the mitigating
circumstances which are required to be considered while deciding on the issue
of death sentence.
(1) That the offence was committed under the influence of extreme
mental or emotional disturbance.
(2) The age of the accused. If the accused is young or old, he
shall not be sentenced to death.
(3) The probability that the accused would not commit criminal acts
of violence as would constitute a continuing threat to society.
(4) The probability that the accused can be reformed and
rehabilitated. The State shall by evidence prove that the accused does not
satisfy Conditions (3) and (4) above.
(5) That in the facts and circumstances of the case the accused
believed that he was morally justified in committing the offence.
(6) That the accused acted under the duress or domination of
another person.
(7) That the condition of the accused showed that he was mentally
defective and that the said defect impaired his capacity to appreciate the
criminality of his conduct.
There is no absolute proposition of law that in no case there can
be conviction and sentence on the same day. There is no absolute proposition of
law laid down by this Court in any of the decisions that if the sentence is
awarded on the very same day on which the conviction was recorded, the
sentencing would be vitiated.
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