ANOOP. V. MOHTA, J.

( 1 ) THE present confirmation case has been referred by the additional sessions Judge, Pune, in pursuance to the provision of Section 366 of Cr. P. C. , as appellant -accused No. 3 in criminal appeal No. 999/2004 has been convicted under Section 302 r/w Section 34 of Indian penal Code and sentenced to death.

( 2 ) THE appellant accused No. 3 has also preferred the appeal against the order of conviction and sentence, whereby, he was convicted under Section 449, 460, 392, 201, 302 r/w Section 34 of Indian Penal Code, along with appellant-accused No. 2 in Criminal Appeal No: 889/2004. The learned Judge has sentenced to (undergo) imprisonment for life for the offence punishable under Section 302 r/w Section 34 of Indian Penal Code to the appellant -accused No. 2. However, for the same offence the appellant No. 3 has been sentenced to death. Original accused no. 1 Bhagwat could not be tried as he is absconding. The operative part of the impugned judgment and order dated 20th january, 2004 in Sessions case No. 368/ 1997, in question is reproduced as under :" (1) Accused No. 2, Geetabai w/o bhagwat Kale and accused No. 3. Sahebrao alias Navnath son of Sopan Kale are

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