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)
