Ambadas Laxman Shinde and Ors. vs The State of Maharashtra

Court

Supreme Court of India

Date

31 October 2018

Case No.

Review Petition (Crl.) Nos. 18-19 of 2011

Result

Allowed

Bench

Kurian Joseph, D.Y. Chandrachud, A.M. Khanwilkar

Citation

[2018] 13 S.C.R. 1188 : 2018 INSC 1023

Headnote

Sentence/Sentencing: Accused no.1, 2 and 4 were convicted for murder and rape and awarded death sentence while accused 3,

5 and 6 were convicted for murder and awarded life imprisonment – Appeal by accused no.1, 2 and 4 challenging conviction while State filed appeal for enhancement of sentence of life imprisonment on accused 3, 5 and 6 – Two judge bench of this court dismissed appeals of accused no.1, 2 and 4 and allowed State’s appeal and passed death sentence against accused 3, 5 and 6 – Review petitions by accused, dismissed – Reopening of review petitions permitted in view of Constitution Bench decision in Mohd. Arif case– Held: Hearing of appeals had commenced even before service of notice was effected on the accused – Accused no.3, 5 and 6 were not represented by counsel – The court appointed amicus curiae and he was heard on the same day and judgment was reserved – Thus, accused no.3, 5 and 6 had no opportunity to be heard by the bench before the appeals filed by State for enhancement of sentence was decided – They were deprived of an opportunity of engaging counsel and of urging such submissions as they may have been advised to urge in defence to the appeals filed by the State for enhancement – Judgment awarding death sentence to accused no.3, 5 and 6 must be recalled – Similarly judgment as regards accused no.1, 2 and 4 is also recalled as the appeals are interlinked and disposed of by common judgment and in view of fact that evidence was common and offence related to the same incident – Thus, judgment is recalled in its entirety in relation to all the six accused – Penal Code, 1860 – s.302.

Mohd. Arif v. Registrar, Supreme Court of India (2014)

9 SCC 737 : [2014] 11 SCR 1009 – referred to.

The following Order of the Court was passed : 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 3rd 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 Co

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