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D. Y. CHANDRACHUD, HIMA KOHLI, J. B. PARDIWALA
Ramkirat Munilal Goud – Appellant
Versus
State of Maharashtra – Respondent
Headnote: Read headnote
ORDER
1. These proceedings arise from a judgment dated 25 November 2021 of a Division Bench of the High Court of Judicature at Bombay in Confirmation Case No 1 of 2019 and Criminal Appeal No 661 of 2019. The High Court by its impugned judgment has confirmed the sentence of death awarded by the trial court to the accused and dismissed the criminal appeal instituted by the accused, confirming the conviction and sentence.
2. Leave granted.
3. The execution of the sentence of death shall remain suspended pending the hearing and final disposal of the appeals.
4. In Manoj and Others vs State of Madhya Pradesh, 2022 SCC OnLine SC 677, a three-Judge Bench of this Court issued guidelines for ensuring that a psychiatric and psychological evaluation of the accused is carried out in order to enable the court to have necessary background material to assess whether the imposition of the sentence of death is justified. The guidelines have been spelt out, inter alia, in paragraphs 227 to 230 of the judgment (reported in SCC Online).
5. A criminal miscellaneous petition[
The court emphasized the importance of a psychological evaluation and the collection of relevant information for sentencing purposes.
The court emphasized the importance of assessing the character and behavior of the accused, obtaining psychological evaluations, and allowing access to mitigating circumstances before making a final ....
Sections 235(2) and 354(3) of Cr.P.C mandates sentencing court to enquire into mitigating circumstances as well as to foreclose possibility of reformation and rehabilitation before imposing death pen....
The court established that the High Court has a duty to proactively gather and consider mitigating circumstances in death penalty cases, ensuring compliance with the procedural mandates of the Cr.P.C....
Trial courts are foreclosed from imposing such a modified or specific term sentence, or life imprisonment for the remainder of convict’s life, as an alternative to death penalty.
Capital punishment can only be imposed in 'rarest of rare' cases, and mitigating factors such as the age of the offender can influence commutation of death sentences.
Discharge of accused – At the stage of hearing on charges entire evidence produced by prosecution is to be believed.
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