DNYANESHWAR SURESH BORKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.05.2006 passed by the High Court of Bombay in Confirmation Case No.1 of 2005 with Criminal Appeal No.618 of 2005 whereby the High Court has allowed the Confirmation Case filed by the State and dismissed the appellant's Criminal Appeal and confirmed the conviction for the offences punishable under Sec. 302 of the Indian Penal Code (IPC) and confirmed the death sentence awarded by the learned Sessions Court, the accused viz Dnyaneshwar Suresh Borkar has preferred the present appeal.

(2.) That the appellant herein-original accused was tried by the learned Sessions Court for the offences under Sections 302, 364 and Sec. 201 read with Sec. 34 of the Penal Code for having killed a minor child viz 'Rishikesh'. That the learned Additional Sessions Judge, Pune held the appellant herein guilty for the offences punishable under Sections 302, 364 and Sec. 201 read with Sec. 34 of the Penal Code and awarded the capital punishment. The conviction and sentence imposed by the learned Additional Sessions Judge have been confirmed by the High Court by the impugned judgment and order. Hence the present appeal.

(3.) At the outset, it is required to be noted that Shri Anand Grover, learned Senior Counsel appearing on behalf of the appellant has fairly stated and conceded that so far as the conviction is concerned, the appellant is not challenging the same. However, he has prayed for to commute the capital punishment imposed by the learned Sessions Court, confirmed by the High Court. Therefore, as such the present appeal is now restricted to the sentence imposed by the learned Additional Sessions Judge of capital punishment confirmed by the High Court.