STATE OF MAHARASHTRA Vs. VILAS ANNASAHEB MAHALE

JUDGEMENT

(1.) The learned Additional Sessions Judge, Nashik, vide her Judgment and order dtd. 15/5/2019 passed in Sessions Case No.209 of 2017 on her file, has forwarded the death penalty reference resulting in Confirmation Case No.5 of 2019 to this Court for confirmation of the sentence of death penalty imposed on the original Accused No.1 Vilas Annasaheb Mahale for commission of the offence punishable U/s.302 of the I.P.C.

(2.) Heard Dr. Yug Mohit Chaudhary, learned counsel for the Respondent No.1 in Confirmation Case No.5 of 2019 and for Appellant in Criminal Appeal No.1645 of 2019, Ms. Ameeta Kuttikrishnan, learned appointed Advocate for the Respondent No.2 in Conf. Case No.5 of 2019, Mr. K. H. Holambe Patil, learned counsel for the Appellants in Criminal Appeal No.373 of 2022 and Smt. S. D. Shinde, learned APP for the State/Appellant in Confirmation Case No.5 of 2019 and other connected Appeals.

(3.) We have heard all the learned counsel at some length. Learned APP took us through the entire evidence. In response, Dr. Yug Mohit Chaudhary, learned counsel appearing for the original Accused No.1 made some submissions on merits of the matter. His main thrust of the argument was that the Accused No.1 was denied the opportunity of a fair trial. He submitted that, since there was failure of justice, either the Accused No.1 be acquitted or the matter be remanded back for de novo trial.