(1.) Confirmation Case No.7 of 2013 arises out of the reference made by the Learned Additional Sessions Judge 4, Solapur in Sessions Case No.145 of 2013 for confirmation of the death sentence awarded to the accused Sunil Vishnu Ombase. By its judgment and order dated 16th August 2013 passed in Sessions Case No.145 of 2013, the learned Additional Sessions Judge-4, Solapur convicted the accused for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to capital punishment of death. He is further sentenced to pay a fine of Rs.500/- as per Section 235(2) of the Code of Criminal Procedure. By the same judgment and order, the learned Additional Sessions Judge-4, Solapur is further pleased to convict the accused for the offence punishable under Section 307 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment of ten years and to pay a fine of Rs.500/-, in default of payment of fine, to undergo rigorous imprisonment for six months. As far as charge under Sections 504 and 506 is concerned, the learned Trial Court was pleased to acquit the accused from the said charges. As the sentence of death penalty is imposed on the accused, the Learned Additional Sessions Judge-4, Solapur made a reference as contemplated under Section 366 of the Code of Criminal Procedure to this Court for confirmation of death sentence. The accused being aggrieved by the very same judgment and order dated 16th August 2013 has preferred Criminal Appeal No.168 of 2014. As both the Confirmation Case and the Appeal against confirmation are directed against the very same judgment and order dated 16th August 2013, both these matters were heard and are decided together. (The Appellant Sunil Vishnu Ombase will be referred to as the accused hereinafter for the sake of brevity).
(2.) The prosecution case as has been enumerated from the record can briefly be stated as under :
(3.) Heard Mr. P.G. Karande with Mr. Akshay M. Gosavi, the learned counsel for the Appellant and Smt. M.H. Mhatre, the learned APP appearing for the State. With the able assistance of Mr. P.G. Karande and Smt. M.H. Mhatre, we have also perused the entire record minutely.
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