ANKUSH MARUTI SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted in SLP (Crl.) Nos. 8457-58 of 2008 which have been filed by the State of Maharashtra questioning alteration of death sentence to life sentence.

(2.) These appeals are interlinked and are disposed of by this common judgment. By the impugned judgment a Division Bench of the Bombay High Court dispose of the reference made by learned Third Adhoc Additional Sessions Judge, Nasik, under Section 366 of the Criminal Procedure Code, 1973 (in short the Code ) for confirmation of death sentence. While upholding the conviction and the death sentence of accused Nos. 1, 2 & 4, the sentence in respect of the accused Nos. 3, 5 & 6 was altered to life sentence with fine. Accused Nos. 1, 2 & 4 were also convicted for offence punishable under Section 376(2)(g) of the Code and sentenced to suffer rigorous imprisonment for 10 years. The order of conviction and sentence under Section 376(2)(g) in respect of accused Nos. 3, 5 & 6 was set aside. The accused persons were convicted for offence punishable under Section 307 read with Section 34 and sentenced to five years imprisonment each. They were also convicted under Section 397 read with Sections 395 & 396 IPC. The accused persons filed the criminal appeals while the State has filed the appeals for alteration of the life sentence to death and also challenged the acquittal of three of the accused persons for offence punishable under Section 376 IPC.

(3.) Prosecution version in a nutshell is as follows: