STATE OF MAHARASHTRA Vs. NITIN BALKISAN GAIKWAD

JUDGEMENT

(1.) In Sessions Case No.182 of 2014 the learned Additional Sessions Judge, Dhule has awarded death sentence to accused No.1 therein, the proceedings in the said case, have been therefore forwarded to this Court for confirmation under Section 366 of the Criminal Procedure Code.

(2.) Accused No.1 along with other accused i.e. accused Nos.2, 3 and 4 have also preferred Criminal Appeal No.701 of 2016, challenging the Judgment and order dated 10th November 2016, passed by the Additional Sessions Judge, Dhule in Sessions Case No.182 of 2014. The Additional Sessions Judge, Dhule vide Judgment and order dated 10th November 2016, convicted accused No.1 Nitin Balkisan Gaikwad for the offence punishable under Sections 302, 498A and 506 of the Indian Penal Code. Accused No.1 is convicted for the offence punishable under Section 302 of the Indian Penal Code, and he is sentenced to Death. Accused No.1 Nitin is convicted under Section 498A of the Indian Penal Code and is sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 10,000/- , in default to suffer rigorous imprisonment for three months. Accused No.1 Nitin is also convicted for the offence punishable under Section 506 of the Indian Penal Code and is sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 3000/- , in default to suffer rigorous imprisonment for one month.

(3.) As both the matters are arising out of one judgment, the arguments in both the matters are simultaneously heard and we find it expedient to decide both the matters by common reasoning. However, since the very conviction has been challenged by the convict, the only proper course would be to first decide the Criminal Appeal so filed by the accused, for the reason that, only if the order of conviction is maintained by this Court, the further question will arise whether or not the death sentence awarded by the trial Court is sustainable and is to be confirmed or otherwise.