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2022 Supreme(Bom) 778

G.A.SANAP, SUNIL B.SHUKRE
State of Maharashtra – Appellant
Versus
Santosh S/o Ramdas Kalwe – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.S. Doifode.
For the Respondent: S.D. Chande.

JUDGMENT :

G.A. SANAP, J.

1. In this appeal, challenge is to the judgment and order dated 05.05.2018, passed by the learned Additional Sessions Judge-3, Nagpur whereby, the learned Judge convicted the appellant for commission of the offences under Sections 302 , 364-A and 201 of the INDIAN PENAL CODE (For short ‘IPC’) and sentenced him to death for the offence punishable under Section 302 of the IPC. The learned Judge also awarded the term sentence for the offences punishable under Sections 364-A and 201 of the IPC. The learned Additional Sessions Judge-3, Nagpur has also made reference to this Court for confirmation of death sentence awarded to the appellant. The appeal and reference are being disposed of by this common judgment.

2. The facts giving rising to this appeal are as follows:

    The informant - Nitin Natthuji Borkar is the father of the deceased Yash. On the date of the incident, the deceased was 11 years old. It is the case of the prosecution that the appellant at the time of the incident was residing in a rented premises belonging to one Mr Dahane. The house of the informant is adjoining to the house of Mr. Dahane. On 10.06.2013, in the morning at about 6:00 a.m., the inform

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