Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | PENAL CODE ss. 302 r/w120B - 9 murders 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | PENAL CODE, 1860: ss. 302 r/w 120-8 - 9 murders - Circumstantial evidence - "Money shower" case - Accused meticulously planned murders by inducing innocent persons in the name of "money showers" (multiplying cash money), took money from them, killed them and looted their cash and jewellery - Conviction and death sentence to all four accused - Confirmed by High Court - Held: On the basis of the evidence brought by the prosecution it has been conclusively established that the death of all the deceased persons was homicidal in nature and that dead bodies recovered were of the deceased, as claimed by the prosecution - Therefore, conviction of all four accused u/s 302 and 120-B is affirmed - Evidence - Circumstantial evidence. Sentence - Held: Criminal acts of accused were the result of a carefully planned scheme - Crimes were committed over a period of nearly two months in three different episodes - Assaults on some of the victims were merciless and gruesome - Some of the victims were young and hapless children - At the same time, all the four accused were young in age at the time of commission of offence - They belong to economically, socially and educationally deprived section of population - They were living in acute poverty - Materials show that while in custody all the accused had enhanced their educational qualifications -- There is no material or information to show any condemnable or reprehensible conduct on the part of any of appellants during their period of custody - All the circumstances point to possibility of accused-appellants being reformed and living a meaningful and constructive life if they are to be given a second chance - Balancing two sets of circumstances i.e. one favouring commutation and the other favouring upholding death penalty, option of life sentence is not "unquestionably foreclosed" - Therefore, sentence of death awarded to accused-appellants is commuted to life imprisonment - Their custody for rest of their lives will be subject to remissions, if any, which will be strictly subject to the provisions of ss. 432 and 433-A, Cr.PC. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2014 INSC 146 |
Petitioner | Mahesh Dhanaji Shinde |
Respondent | State Of Maharashtra |
SCR | [2014] 3 S.C.R. 406 |
Judgement Date | 2014-02-27 |
Case Number | 1210-1213 |
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