STATE OF MAHARASHTRA Vs. ASSIS DOMNIC WARAUXILE

JUDGEMENT

(1.) Heard learned counsels for the Accused and the learned APP for the State.

(2.) Five persons were involved in crime in this case. Out of them, three were major and therefore they were charge sheeted vide Sessions Case No. 112 of 2004. Trial of two accused, who were minors and were covered by The Juvenile Justice (Care and Protection of Children) Act, 2000, and were to be tried before the Court under the said Act. The names of Juvenile offenders are Clinton and Karan Khanna. The Confirmation Case is therefore arising out of the trial of three accused, i.e. Accused Nos. 1, 2 and 3. Accused No.1 and accused No.2 have been sentenced to death under section 302 read with 34,392 read with 34, 120 read with 34 of Indian Penal Code. Accused No.3 is convicted under Section 120B and 120B read with 392 of Indian Penal Code.

(3.) To be specific accused No.1 is convicted under section 302 read with 34 of IPC for committing murder of Mrs. Leticia Mendes and sentenced to death. Then accused No.1 is again convicted under Section 302 read with 34 of IPC for committing murder of infant of one and half years Master Dylon Sunil Lobo, and is sentenced to death. Accused No.1 is convicted under Section 307 read with 34 IPC for attempting to commit murder of Mrs. Glenda Sunil Lobo and sentenced to 10 years and fine of Rupees Five Hundred, in default to undergo imprisonment for six months. Then accused No.1 is again convicted under Section 392 read with 34 of IPC and sentenced to R.I. for seven years and fine of Rupees Five Hundred, in default to suffer imprisonment for six months. Accused No.1 is also convicted under Section 120 B and Section 120B read with 392 of IPC and Section 449 read with 34 of IPC, but no separate sentences are awarded.