Death Sentence Recalled: Supreme Court Orders Fresh Hearing in Maharashtra Murder Case

The Supreme Court of India recently revisited the case of Ambadas Laxman Shinde & Others v. The State of Maharashtra, in which six individuals were convicted of serious crimes, including murder, gang rape, and robbery. This case has witnessed a series of legal proceedings, including the imposition of the death penalty, subsequent appeals, and a review petition. Eventually, the Supreme Court ruled in favor of recalling its earlier judgment that had sentenced three of the accused to death.

Background of the Case

The case originated from an incident that was brought before the 3rd Ad-hoc Additional Sessions Judge, Nashik. The Bombay High Court, while upholding the convictions, sentenced three of the accused—Accused Nos. 1, 2, and 4—to death, while the remaining three—Accused Nos. 3, 5, and 6—were sentenced to life imprisonment.

However, when the case reached the Supreme Court through Criminal Appeal Nos. 1008-09 of 2007, the bench not only upheld the death sentence of the first three accused but also converted the life sentence of Accused Nos. 3, 5, and 6 to the death penalty. This led to further legal battles in the form of review petitions.

Legal Proceedings and Supreme Court’s Judgment

The accused filed Review Petition Nos. 18-19 of 2011 and Review Petition Nos. 34-35 of 2010 against their convictions. The Supreme Court initially dismissed these petitions, thereby upholding its prior verdict.

Reopening the Review Petitions

After the landmark decision in Mohd. Arif v. Registrar, Supreme Court of India, which mandated that review petitions in death penalty cases be heard in open court, the accused filed criminal miscellaneous petitions to reopen their review petitions. In accordance with this ruling, the Supreme Court permitted the review petitions to be reopened and heard afresh.

Errors in the Prior Judgment

During the review proceedings, it came to light that Accused Nos. 3, 5, and 6 were not given an opportunity to be heard before the Supreme Court imposed the death sentence on them. The judgment noted:

“Accused Nos. 3, 5, and 6 had no opportunity to be heard before their life sentence was converted to death. They were deprived of the chance to engage counsel and present their arguments.”

The Supreme Court emphasized that denying the accused an opportunity to defend themselves before sentencing them to death was a violation of natural justice.

Supreme Court’s Final Verdict

In light of these findings, the Supreme Court ordered the recall of its judgment dated April 30, 2009, which had imposed the death penalty. The Court directed:

• The review petitions are allowed, and the previous dismissal is recalled.
• The criminal appeals are restored to the Supreme Court’s file and will be heard afresh.
• Accused Nos. 3, 5, and 6 are granted permission to file appeals against the High Court’s judgment convicting them.
• The execution of the death sentence imposed by the High Court on Accused Nos. 1, 2, and 4 is suspended pending fresh hearings.

Conclusion

This judgment underscores the importance of fair trial principles, particularly in cases involving capital punishment. The Supreme Court’s decision to recall its previous order and allow a fresh hearing reflects its commitment to ensuring justice is served without procedural lapses. The case will now proceed for a reconsideration of the sentences, allowing the accused a proper opportunity to present their defense.

Petitioner Name: Ambadas Laxman Shinde & Others.
Respondent Name: The State of Maharashtra.
Judgment By: Justice Kurian Joseph, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud.
Place Of Incident: Maharashtra.
Judgment Date: 31-10-2018.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Ambadas Laxman Shind vs The State of Maharas Supreme Court of India Judgment Dated 31-10-2018.pdf