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BOMBAY HIGH COURT
A.S. Oka, J
State of Maharashtra Thane v. Prakash Nishad alias Kewat Zinak Nishad Uttar Pradesh
| Table of Content |
|---|
| 1. confirmation of the death sentence. (Para 1 , 2) |
| 2. details of the crime and the victim. (Para 3 , 4 , 5) |
| 3. analysis of medical evidence. (Para 6 , 9 , 10 , 12 , 26) |
| 4. establishing the necessity of death penalty. (Para 28 , 38 , 40 , 62) |
| 5. confirmation of sentences imposed. (Para 70 , 71) |
1. The Confirmation Case No. 4 of 2014 arises out of the reference made by the learned 2nd Additional Sessions Judge, Thane in Sessions Case No. 407 of 2010 for confirmation of death sentence awarded to the appellant / accused Prakash Nishad @ Kewat Zinak Nishad. The learned Additional Sessions Judge, by Judgment and Order dated 27.11.2014 in Sessions Case No. 407 of 2010, convicted the accused for the offence punishable under S.302 of the Indian Penal Code ( for short 'IPC') and sentenced him to capital punishment of death. By the very same Judgment and Order, the accused was also convicted under S.376, S.377 and S.201 of IPC, as follows: -
(i) S.376 IPC - Imprisonment for life and fine of Rs. 1000/-, in default, R.I. for three months;
(ii) S.377 IPC - Imprisonment for life and fine of Rs. 1000/-, in default, R.I. for three months;
(iii) S.201 IPC - R.I. for 7 Years and fine of
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