STATE OF MAHARASHTRA Vs. SAHEBRAO ALIAS NAVNATH SOPANKALE

JUDGEMENT

(1.) THE present confirmation case has been referred by the additional sessions Judge, Pune, in pursuance to the provision of Section 366 of Cr. P. C. , as appellant -accused No. 3 in criminal appeal No. 999/2004 has been convicted under Section 302 r/w Section 34 of Indian penal Code and sentenced to death.

(2.) THE appellant accused No. 3 has also preferred the appeal against the order of conviction and sentence, whereby, he was convicted under Section 449, 460, 392, 201, 302 r/w Section 34 of Indian Penal Code, along with appellant-accused No. 2 in Criminal Appeal No: 889/2004. The learned Judge has sentenced to (undergo) imprisonment for life for the offence punishable under Section 302 r/w Section 34 of Indian Penal Code to the appellant -accused No. 2. However, for the same offence the appellant No. 3 has been sentenced to death. Original accused no. 1 Bhagwat could not be tried as he is absconding. The operative part of the impugned judgment and order dated 20th january, 2004 in Sessions case No. 368/ 1997, in question is reproduced as under :

(3.) WE have heard the learned A. P. P. Mrs. P. H. Kantharia and Mrs. U. V. Kejriwal for the State and the learned Advocate Mr. A. G. Toraskar for Sahebrao Kale-appellant-accused No. 3 and Mr. Abhay Kumar Apte for appellant-accused No. 2. The respective appellants have challenged the order of conviction by these appeals separately. We have gone through the common testimony, as recorded in Sessions Case No. 368/1997 and the record of the proceeding with the assistance of the advocates appearing for the parties. As consented and to avoid repetition of the facts and the basic testimony and evidence on the record, we have heard the present Confirmation case No. 1/2004 along with these appeals.