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2023 Supreme(SC) 425

B. R. GAVAI, VIKRAM NATH, SANJAY KAROL
Digambar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sudhanshu S. Choudhari, AOR Mr. Mahesh P. Shinde,Adv. Ms. Rucha A. Pande,Adv. Mr. M. Veeraragavan,Adv. Mr. Subodh S. Patil, AOR
For the Respondent(s): Mr. Chinmoy Khaladkar, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Ms. Salonee Pranjape, Adv. Mr. Sourav Singh, Adv.

JUDGMENT :

B.R. Gavai, J.

1. The present criminal appeals arise out of the common Judgment & Order dated 13th December 2021 passed by the Aurangabad Bench of the Bombay High Court in Confirmation Case No. 1 of 2019 and Criminal Appeal Nos. 808 and 810 of 2019 whereby the High Court confirmed the death penalty and life imprisonment imposed upon the Accused No. 1-Digambar (Appellant in Criminal Appeal Nos. 221-222/2022) and Accused No. 2-Mohan (Appellant in Criminal Appeal No. 280/2023) respectively, for conviction for the offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) read with Section 34 IPC.

2. These Criminal Appeals arise from conspectus of facts adumbrated as follows :

    2.1. Pooja (Deceased) was married to one Jethiba Hashanna Varshewar on 10th June 2017. Pooja was having a love affair with one Govind (Deceased) for the past 5 years. The Appellant/Accused-Digambar is the brother of Pooja.

    2.2. On 22nd July 2017, Pooja left her matrimonial home without informing anybody. Thus, her husband had lodged a missing report at Bhokar Police Station on the same day.

    2.3. The Accused Digambar, having knowledge of the love affair of Pooja a


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