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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SARANG V.KOTWAL, SANDESH D.PATIL
State Of Maharashtra – Appellant
Versus
Vilas Annasaheb Mahale – Respondent
JUDGMENT :
SARANG V. KOTWAL, J.
1. The learned Additional Sessions Judge, Nashik, vide her Judgment and order dated 15.05.2019 passed in Sessions Case No.209 of 2017 on her file, has forwarded the death penalty reference resulting in Confirmation Case No.5 of 2019 to this Court for confirmation of the sentence of death penalty imposed on the original Accused No.1 Vilas Annasaheb Mahale for commission of the offence punishable U/s.302 of the I.P.C.
The said Accused No.1 Vilas has preferred Criminal Appeal No.1645 of 2019 challenging the same Judgment and order.
The original Accused No.2 Annasaheb Baburao Mahale, the original Accused No.3 Pravin Annasaheb Mahale and the original Accused No.4 Shailabai Annasaheb Mahale have preferred Criminal Appeal No.373 of 2022 challenging their conviction and sentence recorded in the same Judgment and order.
During the pendency of these proceedings the original Accused No.2 Annasaheb Baburao Mahale has passed away and, therefore, the Criminal Appeal No.373 of 2022 stands abated, as far as, he is concerned. It is now proceeding only against the original Accused Nos.3 and 4.
For convenience, the accused are referred to by their original status in the tria
Failure to provide timely, effective legal aid in death penalty trial, denying representation during key stages, violates Article 21 fair trial right, requiring de novo proceedings despite offence gr....
A fair trial must guarantee competent legal representation and adherence to procedural law, failure of which invalidates conviction.
(1) Justice is not intended to be imparted to one party of lis only.(2) Attempts to expedite process of trial should not be at expense of basic elements of fairness and opportunity to Accused on whic....
(1) Examination of accused – Public Prosecutor is under obligation to remain present when examination of accused is made to assist Court.(2) Right to get legal aid is a fundamental right of accused, ....
Legal aid to accused – To ensure a fair trial accused has to be appropriately represented – Basic tenets of a criminal trial would falter if a different approach is undertaken by trial court.
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