Allow Cookies!
By using our website, you agree to the use of cookies
A set of cross-appeals were preferred by (i) Central Bureau of Investigation and (ii) the convicts against the judgment passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur whereby five criminal appeals have been decided by way of a common order. While the CBI is aggrieved by the commutation of death sentence, the convicts have questioned their conviction by the Special Court as affirmed by the High Court before the Hon’ble Supreme Court.
The death penalty was commuted by the High Court. However, it confirmed the conviction for murdering four persons. The mitigating factor according to High Court was the fact that firstly, the incident had not taken place due to caste stature but because the accused felt that he was being false implicated of the crime of beating one Sidhart Gajbhiye who had passed away. Secondly, the court also observed that there is no evidence to suggest that the accused has a criminal record. The HC then commuted the death sentence but convicted the accused to life imprisonment.
The Supreme Court bench consisting of Justice Arun Misra, Justice Bhushan Ramakrishnan Gavai and Justice Surya Kant, observed that the High Court had rightly held that the case does not fall within the category of “rarest of rare case” where only and only death penalty must be inflicted. The bench also dismissed the petition of the convict whose sentence was confirmed by the High court.
86540
103860
630
114
59824