(1.) THE Confirmation Case No. 1 of 2013 arises out of the Reference made by the learned Additional Sessions Judge, Islampur in Sessions Case No. 29 of 2011 for confirmation of the death sentence awarded to the accused Sadashiv Jetappa Kamble. By judgment and order dated 26.3.2013 in Sessions Case No. 29 of 2011, the learned Sessions Judge, Islampur 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), 363 and 201 of IPC. For the offence under Section 376(2)(f) of IPC, the accused was sentenced to life imprisonment and to pay fine of Rs. 2000/ - in default simple imprisonment for one month. For the offence punishable under Section 363 of IPC, the accused was sentenced to suffer rigorous imprisonment for three years and fine of Rs. 1000/ - in default simple imprisonment for 15 days and for the offence punishable under Section 201 of IPC, the accused was sentenced to rigorous imprisonment for three years and to pay fine of Rs. 1000/ - in default simple imprisonment for one month. As sentence of death was imposed on the accused, the learned Sessions Judge made a reference to this Court for confirmation of death sentence.
(2.) THE prosecution case, briefly stated, is as under: -
(3.) CHARGE came to be framed against the accused under Sections 302, 376, 363 and 201 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. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the accused as stated in paragraph 1 above.
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