In death reference cases, the court must ensure a comprehensive evaluation of mitigating and aggravating circumstances through probation reports, jail conduct reports, and psychological evaluations, while providing robust legal representation to the convict.

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. The present proceedings of the Death Reference arise from the judgment and order dated 05.05.2022 passed by the District and Sessions Court, Surat.

2. The appellant-convict, has been found guilty for the offenses punishable under Sections 302, 307, 354(D)(1)(i), 342, 504, 506(2) of the Indian Penal Code, and was sentenced to capital punishment.

3. The execution of the death sentence of the appellant shall remain stayed pending the hearing and final disposal of the present appeals.

4. The Registry is directed to call for the paper book from the Trial Court and take immediate steps for sending it for printing as per Rule 344 of the Gujarat High Court Rules, 1993 . On receiving the paper book, the office shall place the matter on board for final hearing along with the Death Reference.

5. In view of the directions issued by the Hon'ble Apex Court in the case of Aman Singh and another v. State of Bihar (Diary Number 24574 of 2026, dated 27.04.2026), we are issuing the following directions:

(i) The State is directed to place before this Court the report of the Probation Officer relating to the appellant within a period of eight (8) weeks.

(ii) The Jail Superintendent, Lajpore Central Jail, Surat, shall submit a report with regard to the nature of work which has been performed by the appellant-accused while in jail, and a report with regard to the conduct and behavior of the accused while in jail, within a period of eight (8) weeks.

(iii) The Jail Superintendent, Lajpore Central Jail, Surat, shall also get the psychological evaluation of the appellant-accused done from the Government Medical Hospital, and the same shall be submitted to this Court within a period of eight (8) weeks.

(iv) The jail authority, as well as the concerned authorities, shall ensure that such reports are comprehensive, duly verified, and furnished within the stipulated time so as to consider the mitigating and aggravating circumstances.

(v) The High Court Legal Services Authority shall appoint a dedicated legal team comprising one Senior Counsel and at least two advocates having a minimum of seven (7) years of practice to represent the convicted accused. The said legal team shall have to work in coordination with the representing private counsel, if any.

6. In view of the above, the Registry is directed to transmit a copy of this order to the learned counsel appearing for the convict, as well as to the learned Additional Public Prosecutor (APP) in charge of the case, so that the order is communicated to the relevant authorities for its compliance. List the matter on 06.07.2026.