GOVIND VAMAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The Appellant herein alongwith accused Subhash Krishna Savant, Mahadu Raghunath Waghmare and Ramji Balu Waghmare were tried and by judgment rendered by the trial court while the other three accused persons were acquitted of the charges, the Appellant was convicted under Section 302 of the Penal Code (for short "I.P.C.") and sentenced to death penalty. Apart from this conviction, the Appellant was convicted for other offences also. Against the order of acquittal of the other accused persons, appeal was preferred by the State of Maharashtra before the High Court. So far as the Appellant is concerned, he preferred an appeal apart from the fact that there was a reference. The High Court, upon appraisal of evidence, came to the conclusion that the order of acquittal of the other three accused persons was perverse one, as such, it reversed the same. So far as the conviction of the Appellant under Section 302, I.P.C. is concerned, the High Court was of the view that it was not a case where the Appellant should have been convicted under Section 302, I.P.C. simpliciter. Accordingly, the High Court converted the conviction of the Appellant from Section 302, I.P.C. to Section 302 read with Section 34, I.P.C. and convicted the Appellant and the other three accused persons thereunder. So far as the other three accused persons are concerned, they have been sentenced to undergo imprisonment for life and to pay fine of Rs. 500 each ; in default, to suffer further imprisonment for six months ; whereas in relation to the Appellant the sentence of death awarded by the trial court has been confirmed. Hence, this appeal by special leave.

(3.) Learned Counsel appearing on behalf of the Appellant, at the outset, stated that the present appeal would be pressed only on the question of sentence.