(1.) I have had the opportunity of going through the draft circulated by my brother judge Mukundakam Sharma, J. and I am in complete agreement with the views expressed by him therein.
(2.) However, I may add a few words on the appeals by the State of Maharashtra against the impugned judgment as regards imposition of capital sentence on three Accused herein namely, Accused 5, M Zuber Kasam Shaikh, Accused 6, Fazal Mohd Shaikh and Accused 7, Azzizuddin Zahiruddin Shaikh.
(3.) It was argued before us by the State of Maharashtra that the case at hand falls within the category of the 'rarest of rare'. It was submitted that in the facts and circumstances of the case only a death sentence would meet the requirements of justice. Contention of the State that what brought this case within the special category of the 'rarest of rare cases' was the fact that the incident in question was not a stray crime of murder but was in fact an extremely sophisticated and organised crime whose strings had been attached to outside the country. Accordingly the incident which resulted in the death of three persons and caused grievous injury to seven, was an assault on civilised society.