JUDGMENT :-

Swatanter Kumar, J.

1. The present appeal is directed against the judgment of conviction and order of sentence passed by a Division Bench of the High Court of Judicature at Bombay dated 23rd, 24th and 25th March, 2011 awarding death penalty to the present appellant.

2. The learned counsel appearing for the appellant, the sole accused, at the very outset stated that the appellant does not wish to challenge the order of conviction but is only contending that the present case does not fall under the category of ‘rarest of the rare’ case where penalty of death could be imposed upon the accused. Thus, the controversy in the present appeal before this Court falls within a narrow compass.

3. In order to examine the sustainability of the submission raised on behalf of the appellant, it is necessary for the Court to refer in brief to the case of the prosecution and the evidence on record.

4. The complaint was lodged by Sumitra Ramesh Birajdar, PW1, maternal aunt of Shubhada Jaydeep Patil, PW2, who was resident of Flat No.D-202, Purple Castle Society, Chintamaninagar, Bibwewadi, Pune. She stated that deceased Shalini Uddahaurao Jadhav was her close relative. PW2 and her husband Jaydeep Patil, PW8, along with the deceased (their grandmother) were living in the same building in Flat No.301 since 31st August, 2007. Jaydeep Patil, PW8 was serving in the ICICI Bank. The incident took place on 10th September, 2007 when the complainant was at her house. At about 9.45 a.m., the deceased had come to her house while she was going to temple. The deceased was at the house of the complainant till about 11.30 a.m. when she left saying that she had to arrange her baggage as she wanted to go to Pandharpur. Both the complainant and PW2 were at their respective flats. At about 3.30 p.m., PW2 gave a call through the window to the complainant addressing as ‘mami mami’. Hearing the sound, the complainant sent her maid servant Chingu to see as to why PW2 was calling for her. The maid servant went to the gallery of her flat and told the complainant that she saw that blood was smeared on the face of PW2. Immediately the complainant rushed to the flat of PW2, which was on the 3rd floor and noticed that the door was bolted from outside. She opened the door from outside and PW2 opened the door from inside. PW2 was seen completely naked and there was blood all over her body. The complainant helped PW2 to wear the clothes to cover herself up. Thereafter, the complainant went inside the bed room, she saw the deceased, mother-in-law of PW2, lying in a pool of blood. The wrist of her left hand and four fingers of her right hand were mercilessly amputated. Her neck had also been slit. Blood was lying everywhere in the flat. The complainant, without any loss of time, gave a call to Jaydeep Patil, PW8, on his mobile and narrated the condition of the house. She also gave a call to her husband. Within 15 to 20 minutes, PW8 reached the house. He shifted his wife, PW2 in a car. They proceeded towards Bharati Vidyapeeth Hospital. On the way, PW2 disclosed to the complainant that at about 2.00 to 2.15 p.m. one young boy came to her flat. The door was opened by her mother-in-law, the deceased. The young boy said that he was a mechanic and was sent by sahib (Jaydeep Patil) to repair the car on which PW2 told him that their car was not out of order and asked the young boy to go back. When she tried to contact her husband on mobile phone, the said young boy snatched away the mobile from her. He closed the door of the flat from inside. Thereupon the accused started assaulting both, PW2 and her mother-in-law, the deceased with a sickle like weapon. They tried to resist his act. At that time, he inflicted blows on the hands of the deceased by the weapon after which she fell down. Further, the case of the prosecution is that the said young man assaulted the deceased a number of times and while she was on the ground and the accused demanded the ornaments on the person of