LAWS(BOM)-2013-5-81

STATE OF MAHARASHTRA Vs. NIHAL AHMED

Decided On May 07, 2013
STATE OF MAHARASHTRA Appellant
V/S
Nihal Ahmed Respondents

JUDGEMENT

(1.) The aforesaid Confirmation Case arises out of a reference made by learned Extra Joint Ad-hoc. Additional Sessions Judge, Thane under section 366 of the Code of Criminal Procedure (hereinafter referred as "Code" for the sake of brevity) for confirmation of sentence of death awarded to both accused in Sessions Case No.78 of 2005. The said accused have preferred above stated Criminal Appeal challenging judgment and order of the conviction, sentence of death and so also other sentences awarded to them.

(2.) By the judgment and order delivered on 28/29th March, 2012, the learned Judge convicted both the accused/appellants for in furtherance of their common intention along with juvenile accused Nasim Muddus Ansari having committed the offences punishable under:-

(3.) Such of the facts of said prosecution, necessary for deciding present proceedings are as under :