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2018 Supreme(SC) 1616

KURIAN JOSEPH, A.M.KHANWILKAR, D.Y.CHANDRACHUD
Ambadas Laxman Shinde – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
T. Harish Kumar, Rahul Kaushik, Mrs. Geetha Kovilan, Advocates., for the Petitioners; Nishant Ramakantrao Katneshwarkar, Ms. Suverna, Anoop Kandraj, Ms. Deepa Kulkarni, Advocates., for the Respondents

ORDER

1. On 22 March 2007, a Division Bench of the Bombay High Court disposed of a reference which was made under Section 366 of the Code of Criminal Procedure 1973 by the 3 rd Ad-hoc Additional Sessions Judge, Nasik.

2. The High Court upheld the conviction of and the sentence of death imposed on Accused Nos. 1, 2 and 4. While upholding the conviction of Accused Nos. 3, 5 and 6, the High Court sentenced them to imprisonment for life. All the six accused were convicted of the offence punishable under Section 302 read with Section 34 of the Penal Code. In addition, Accused Nos. 1, 2 and 4 were convicted of the offence punishable under Section 376 (2)(g) for which they were sentenced to suffer rigorous imprisonment for a period of ten years. The conviction of Accused Nos. 3, 5 and 6 under Section 376 (2)(g) was set aside by the High Court. All the Accused were convicted of offences under:

    (i) Section 307 read with Section 34 for which they have been sentenced to suffer five years imprisonment; (ii) Section 397 read with Section 395 for which they have been sentenced to suffer rigorous imprisonment for seven years; and (iii) Section 396 for which they were sentenced to suffer rigorous

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