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Showing contexts for: indian penal code section 376 in Ankush Maruti Shinde . vs State Of Maharashtra on 5 March, 2019Matching Fragments
1.2 The Sessions Court by judgment and order dated 12.06.2006 in Sessions Case No. 43/2004 convicted in all six accused – original accused nos. 1 to 6 for the offences punishable under Sections 395, 302 read with 34 of the IPC, Section 376 (2)(g), Section 307 read with Section 34 of the IPC, Sections 396, 397 and 398 of the IPC.
1.3 The learned Sessions Court sentenced all the accused to death for the offences punishable under Section 302 read with 34 of the IPC. The learned Sessions Court also imposed separate punishments for other offences for which they were convicted. All the convicted accused filed Criminal Appeal No. 590/2006 before the High Court of Bombay against the order of conviction and sentence imposed by the learned Sessions Court. As observed hereinabove, the learned Sessions Court made a reference to the High Court for confirmation of the death sentence, which was registered as Confirmation Case No. 2 of 2006.
3.3 On completion of the investigation and finding prima facie case against the accused, the Investigating officer filed a charge sheet against all the accused for the offences punishable under Sections 395, 302 read with 34 of the IPC, Section 376 (2)(g), Section 307 read with Section 34 of the IPC, Sections 396, 397 and 398 of the IPC. That the learned Magistrate committed the case to the Court of Sessions, which was numbered as Sessions Case No. 43/2004. 3.4 To prove the case against the accused, the prosecution led oral as well as documentary evidence. The prosecution examined as many as 25 witnesses as under:
“1. The Accused Nos. (1) Ankush Maruti Shinde, (2) Rajya Appa Shinde, (3) Ambadas Laxman Shinde, (4) Raju Mhasu Shinde, (5) Bapu Appa Shinde & (6) Surya alias Suresh s/o Nagu alias Gangaram Sinde are convicted for the offences punishable under sections 395, 302 r.w. 34 of Indian Penal Code, Section 376(2)(g), 307 r.w. 34 of Indian Penal Code, Sections 396, 397 r.w. 395 and Sec. 398 of Indian Penal Code.
2. The offence punishable under section 397 r.w. 395 of Indian Penal Code is proved. It includes offences punishable under sections 395 and 398 of Indian Penal Code, so no separate punishments are given for the same.
7. We have heard the learned counsel appearing on behalf of the respective parties at great length.
7.1 At the outset, it is required to be noted that in the present appeals, respective accused were charged for the offences punishable under Sections 395, 302 read with 34 of the IPC, Section 376 (2)(g), Section 307 read with Section 34 of the IPC, Sections 396, 397 and 398 of the IPC. The learned Sessions Court convicted the accused under Sections 395, 302 read with Section 34, Section 376(2)(g), Section 307 read with Section 34, Sections 396, 397 read with Section 395 and Section 398 of the IPC. Over and above the other sentences, all the accused were awarded the death penalty by the learned Sessions Court. The High Court confirmed and conviction and sentence imposed by the learned Sessions Court so far as A1, A2 and A4 are concerned, and even confirmed the death penalty. While maintaining the conviction for the offences punishable under Sections 302 read with 34, 307 read with 34, 397 read with 395 and 396 of the IPC, the High Court acquitted A3, A5 and A6 for the offences punishable under Section 376(2)(g) of the IPC and commuted the death sentence to life imprisonment.