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Head Note

Indian Penal Code,1860  - Section 302 , Section 120-B

Conviction - The death penalty imposed on the appellants by the learned Trial Judge has been confirmed by the High Court - The learned Trial Judge had acquitted accused 1, 2 and 3 of the offence under Section 302/120B IPC. In the appeal by the State, the High Court has reversed the acquittal and convicted undergo RI for life - The accused No. 6, i.e., appellant is not an accused in Sessions Case - Balancing the two sets of circumstances i.e. one favouring commutation and the other favouring upholding the death penalty - Therefore, the sentence of death awarded to the accused should be commuted to life imprisonment - The custody of the appellants for the rest of their lives will be subject to remissions if any, which will be strictly subject to the provisions of the Sections 432 and 433-A of the Cr.PC.

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