VINAYAK SHIVAJIRAO POL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The pivotal question in this appeal is whether the extra-judicial confession made by the appellant could form the basis of conviction under Section 302 I. P. C. The question was answered in the negative by the Additional Sessions Judge, Sangli but the High Court gave a contrary answer and reversed the judgment of the Court of Session. Thus the appellant stood convicted and sentenced to death as the High Court opined that 'this case falls in the category of the gravest of grave and rarest in rare cases'. After hearing the appeal for some time, we decided that the death sentence awarded to the appellant may not be sustainable whether we accept or reject the appeal ultimately and passed an order on 6-1-98 that the appellant be taken out from the Death Cell and be put in the cell meant for life convicts till further orders. Thereafter we completed the hearing of the appeal.

(2.) The appellant was a sepoy in the Army at 14th Maratha Light Infantry, Aundh Camp, Pune. He married one Vimal of Hingangaon village in 1980 and had a female child about a year later. Vimal was not keeping good health and was found to be suffering from tuberculosis. She was advised complete bed rest for 6 to 7 months and avoid sexual intercourse at least for one year. The parents of the appellant were living in the village Tisangi, Vimal was sent back to her parents but some time later she was brought back by the appellant and left with his parents.

(3.) The appellant was allotted the duty of a guard at the residence of Commanding Officer at Ghorpadi, Pune for 24 hours in rotation in February, 1983. He was absent from his duty on 9th and 10th February and reported for duty on the 11th at 1.00 P. M. He gave an explanation for his absence to the authorities concerned that he had gone to his sister's house at Akurdi, Pune. As it was found to be unsatisfactory, he was punished under the Army Act.