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In a landmark decision, SC has acquitted three persons who had been given the death penalty and three others who had been sentenced to life imprisonment for the murder of five persons and rape of a lady and a child.
The bench comprising Justice A K Sikri, Justice S. Abdul Nazeer and Justice MR Shah also ordered the State of Maharashtra to pay Rs 5 lakh as damages to each of them.
Ankush Maruti Shinde, Rajya Appa Shinde, Ambadas Laxman Shinde, Raju Mhasu Shinde, Bapu Appa Shinde and Surya alias Suresh were accused of committing five murders and raping a lady (who survived) and a child of 15 years of age (who died). The Trial Court convicted all of them and sentenced them to death.
The accused filed appeals to the Bombay High Court for setting aside the death penalty and instead giving them life imprisonment. The Bombay High Court, however, set aside the death penalty for three of them and instead sentenced them to life. While for the remaining three, the death sentence was confirmed.
The SC in 2009 not only dismissed the appeals filed by the three whose death sentence was confirmed by the High Court, but also allowed State’s appeal and sentenced the other three to death sentence.
Supreme Court observed that the crime was so cruel and diabolic that collective conscience of the community was shocked; victims were of a tender age and defenseless; the victims had no animosity with the accused and the attack was completely unprovoked. On the basis of all these considerations, it had awarded the death penalty to all the accused.
In 2010, Supreme Court dismissed the Review Petitions filed by the three accused.
In February 2014, a bench of Justices A.K. Patnaik and Ibrahim Kalifulla admitted the review petitions filed by the other three death convicts, accepting the arguments of Senior Advocate Soli Sorabjee that it was decided relying on a wrong precedent- Ravji alias Ram Chandra v. State of Rajasthan [(1996) 2 SCC 175] . It was argued that Raviji’s case and the six subsequent cases in which this case was relied upon were decide per incuriam, as laid down therein is contrary to the law laid down in Bachan Singh case.
Again in 2016, the three accused, whose review petitions were dismissed in 2009, filed applications for reopening the review petitions, in the light of Constitution Bench judgment in case of Mohd. Arif v. Registrar, Supreme Court of India.
And in October 2018, considering the review petitions and the applications, a three judge bench headed by Justice Kurian Joseph had recalled the 2009 judgment and the Appeals were restored.
The SC has now allowed the appeal filed by the six accused and set aside the judgment of the High Court. It had also directed the Chief Secretary to take again against the erring investigating officer in the case.
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