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B. R. GAVAI, VIKRAM NATH, SANJAY KAROL
Digambar – Appellant
Versus
State of Maharashtra – Respondent
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
Death sentence can be awarded only in a ‘rarest of rare’ case.
(1) Minor contradictions do not go to root of matter and destroy whole prosecution which is firmly made out against accused.(2) Protection guaranteed under Article 20(3) of Constitution of India does....
The court affirmed that the extreme brutality of the crime warrants the death penalty, emphasizing its classification as a rarest of rare case due to the specific circumstances surrounding the kidnap....
Death sentence – Standardisation of sentencing would not be possible because no two criminal cases are identical and standardisation would leave no room for judicial discretion.
(1) Circumstantial evidence – Conclusions of guilt arrived at must be sure conclusions and must not be based on vague conjectures.(2) Extra judicial confession is a weak kind of evidence – Extra judi....
The court ruled that to impose a death sentence, the prosecution must conclusively demonstrate exceptional circumstances warranting such a penalty, which was not established in this case.
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