STATE OF MAHARASHTRA Vs. GUDDU KRISH YADAV

JUDGEMENT

(1.) Confirmation Case No. 4 of 2019 arises out of the Reference made by the learned Additional Sessions Judge, Palghar for confirmation of the death sentence awarded to Guddu Krish Yadav, respondent ("accused") by Judgment and Order dtd. 9/5/2019 passed in Sessions Case No. 3 of 2016 for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short, "IPC"). The operative part of the judgment reads as under:-

(2.) A Crime bearing Crime No. I-240/2015 came to be registered under Sec. 302 IPC with the Boisar Police Station on 6/11/2015 at 2:30 a.m.

(3.) According to the prosecution, the case is based on ocular evidence, circumstantial evidence, medical evidence, forensic evidence and above all on multiple dying declarations of both the deceased. After considering the evidence of the prosecution witnesses and hearing the prosecution and defence on merits of the case as well as on the point of sentence, the learned Additional Sessions Judge, Palghar by the impugned judgment dtd. 9/5/2019 arrived at the conclusion that the present case of acid attack leading to the double murder of Rajkumar and Geetadevi is a unique case beyond imagination and a crime of such a nature which is undeserving of any sympathy or mercy. The Trial court concluded that the present case fell in the category of the rarest of rare case and the accused deserved to be awarded death penalty for committing the double murder. The Trial court held the accused to be guilty of the offence of committing murder of Rajkumar and Geetadevi and convicted the accused under Sec. 235(2) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") for the offence punishable under Sec. 302 IPC and sentenced him to death and he be hanged by the neck till he is dead, subject to confirmation by this Court.