LAWS(SC)-2018-11-41

BABASAHEB MARUTI KAMBLE Vs. STATE OF MAHARASHTRA

Decided On November 01, 2018
BABASAHEB MARUTI KAMBLE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This Review Petition is filed by the petitioner who has been convicted for offences under Sections 302, 376(2)(f) and 342 of the Indian Penal Code (for short, 'IPC'). He was awarded death penalty for the offence punishable under Section 302, IPC by the trial court vide its judgment dated September 27, 2013 in Sessions Case No. 87 of 2012. For offence under Section 376(2)(f) of IPC, the petitioner was sentenced to life imprisonment and for the offence under Section 342 of IPC, the trial court awarded simple imprisonment for two months.

(2.) Since sentence of death was imposed on the petitioner, the Sessions Judge made a Reference to the High Court for confirmation of death sentence. The petitioner also challenged his conviction and sentences imposed by filing Criminal Appeal No. 80 of 2014 before the High Court. The said appeal as well as Reference were heard together by the High Court. The High Court upheld the conviction under the aforesaid provisions and also confirmed death sentence of the petitioner vide its judgment dated July 09/10, 2014. Against that judgment, the review petitioner preferred Special Leave Petition (Criminal) No. 458 of 2015. The special leave petition came up for preliminary hearing on January 06, 2015 which was dismissed by passing the following order:

(3.) Present review petition is filed seeking review of the aforesaid order of dismissal in limine.