(1.) THE Confirmation Case No. 8 of 2013 arises out of the Reference made by the learned Additional Sessions Judge, Dindoshi in Sessions Case No. 87 of 2012 for confirmation of the death sentence awarded to the accused Babsaheb Maruti Kamble. By judgment and order dated 27.9.2013 in Sessions Case No. 87 of 2012, the learned Sessions Judge convicted the accused for the offence punishable under Section 302 of IPC and sentenced him to capital punishment of death. By the very same judgment and order, the learned Sessions Judge also convicted the accused under Sections 376(2)(f) and 342 of IPC. For the offence under Section 376(2)(f) of IPC, the accused was sentenced to life imprisonment and for the offence under Section 342 of IPC, the accused was sentenced to suffer simple imprisonment for two months. As the sentence of death was imposed on the accused, the learned Sessions Judge made a reference to this Court for confirmation of death sentence. The accused being aggrieved by the very same judgment and order, preferred Criminal Appeal No. 80 of 2014 and as both the Confirmation Case and the Appeal are directed against the very same judgment and order, both these matters were heard and decided together.
(2.) THE prosecution case, briefly stated, is as under: -
(3.) CHARGE came to be framed against the accused under Sections 302, 376(2)(f) and 342 of IPC. The accused pleaded not guilty to the said charge and claimed to be tried. His defence is that of total denial and false implication.
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