[Criminal Appeal No.1973 of 2011]. The present appeal is directed against the judgment of conviction and order of sentence passed by a Division Bench of the High Court of Judicature at Bombay dated 23rd, 24th and 25th March, 2011 awarding death penalty to the present appellant. The learned counsel appearing for the appellant, the sole accused, at the very outset stated that the appellant does not wish to challenge the order of conviction but is only contending that the present case does not fall under the category of 'rarest of the rare' case where penalty of death could be imposed upon the accused. Thus, the controversy in the present appeal before this Court falls within a narrow compass. In order to examine the sustainability of the submission raised on behalf of the appellant, it is necessary for the Court to refer in brief to the case of the prosecution and the evidence on record. The complaint was lodged by Sumitra Ramesh Birajdar, PW1, maternal aunt of Shubhada Jaydeep Patil, PW2, who was resident of Flat No.D-202,Purple Castle Society, Chintamaninagar, Bibwewadi, Pune. She stated that deceased Shalini Uddahaurao Jadhav was her close relative. PW2 and her husband Jaydeep Patil, PW8, along with the deceased (their grandmother)were living in the same building in Flat No.301 since 31st August, 2007.Jaydeep Patil, PW8 was serving in the ICICI Bank.
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