SHIVAJI JAISING BABAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner Shivaji Jaising who stands condemned to death is approaching this Court for modification of the sentence of death into one of imprisonment for life. A brief re'sume' of the facts is necessary to appreciate the plea of the petitioner.

(2.) The case of the prosecution is that on 3-8-1980 the petitioner and his younger brother Ram Hari Jaising Babar in furtherance of their common intention committed triple murder and also attempted to cause the death of three others by causing grievous hurt. On the above allegations both the brothers were jointly tried for offences under S. 302 read with S. 34 and S. 307 read with S. 34 IPC, in the alternative under S. 326 read with S. 34 IPC in Sessions Case No. 136/81 on the file of the court of the 3rd Additional Sessions Judge at Solapur. The Trial Court by its judgment dated 28-6-82 found both the appellants guilty of the charges and convicted them thereunder and sentenced the petitioner with the extreme penalty of law death sentence, but sentenced Ram Hari Jaising Babar to imprisonment for life on all the three counts. Besides, they were also sentenced to various terms of imprisonment for offences under S. 307 read with S. 34 IPC.

(3.) Feeling aggrieved by the judgment of the trial Court the convicted accused preferred, Criminal Appeal No. 498 / 82. On a reference made by the Sessions Judge under S. 366 of the Code of.. Criminal Procedure, confirmation case No. 8/ 82 was registered. The High Court by its commonjudgment and order dated 30th August, 1983 dismissed the Criminal Appeal No. 498/ 82 and confirmed the death sentence in confirmation case No. 8 / 82.