NITIN BALKISAN GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted. We have heard learned counsel for the parties.

(2.) The appellant was convicted for the offence punishable under Sections 302, 498-A and 506 of the Indian Penal Code ("IPC") and awarded death sentence by the trial court. However, the High Court converted the said death penalty into life imprisonment stating that it was not a rarest of the rare case justifying the death sentence. However, while awarding life sentence, the High Court has also stated that it would be for a minimum period of thirty years without remission.

(3.) In the present case, notice was issued only on the aforesaid aspect, namely, whether the High Court was justified in putting a cap of thirty years life imprisonment.