JUDGMENT - PURNIK S.W., J.:—The following are the circumstances in brief under which this suo motu criminal writ petition came to be registered by this Court.

2. Bhagwan Patilba Palve was charge-sheeted for the offence of multiple murders committed by him on the night intervening 6th and 7th September, 1978 at Pandhade, taluka Pathardi, district Ahmednagar. It was alleged that he committed the murder of four of his close relatives in one sequence during the said night.

3. The trial of the said Bhagwan Patilba Palve was placed before the learned Extra Additional Sessions Judge, Ahmednagar in Sessions Case No. 93 of 1979 and after the evidence was recorded and parties heard, the learned Extra Additional Sessions Judge by his judgment and order dated 23rd July, 1980, convicted Bhagwan Patilba Palve for the offences under sections 302 and 324 of the Indian Penal Code and sentenced him to suffer imprisonment for life.

4. The State challenged the said order regarding the sentence and filed Criminal Appeal No. 859 of 1980 in this Court for enhancement of sentence of life imprisonment to one of death sentence, in view of the multiple murders and the brutal manner of assault.

5. The accused als

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