(1.) This Confirmation Case submitted under Section 366 of Cr.P.C. arises from the judgment and order dated 12th June 2006 deciding Sessions Case No.43 of 2004 by the learned 3rd Ad-hoc Addl. Sessions Judge at Nashik, convicting and sentencing six out of the seven accused for the offences punishable under Sections 395, 302 read with Section 34, 376(2)(g), Section 307 read with Section 34 and Sections 396, 397 and 398 of IPC. All the accused have been awarded the death penalty for the offence punishable under Section 302 read with Section 34 of IPC. The operative part of the order of conviction and sentence reads as under:
(2.) The offence punishable under Section 397 r.w. 395 of Indian Penal Code is proved. It includes offences punishable under Sections 395 and 398 of Indian Penal Code, so no separate punishments are given for the same.
(3.) The Accused Nos.1 to 6 are convicted for the offence punishable under Section 302 r.w. 34 of Indian Penal Code.
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