Supreme Court Of India

Babu Babusya Vittal Rathod and Others V. State of Maharashtra and Others

Petition(s) for Special Leave to Appeal(Crl.)......./2001. 08-10-2001

JUDGMENT

Delay condoned.

Prima facie, we don' t find that there is a delay of 1147 days, if the statement filed by the petitioners in the affidavit that they got the copy of the impugned judgment on 22.7.99 is correct. Even so, there is a long delay. Considering the fact that petitioners were in condemned prisoners cell in the jail consequent to the death penalty imposed on them, we disposed to condone the delay despite the length of the delay. Accordingly we condone the delay.

We heard learned counsel for the petitioners at length. We do not find any reason to interfere with the concurrent findings as the sentence has been altered from death to life imprisonment. The petitioners cannot have any grievance regarding the sentence also. Therefore, we dismiss the SLP.

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