Apart from the appellant, two other accused, namely Fahim Ansari and Sabauddin Ahamed, both Indian nationals, were also arraigned before the trial court and indicted on the same charges as the appellant.ģ. At the end of the trial, however, the appellant was convicted and sentenced to death as noted above (vide judgment and order dated May 3/6,2010 passed by the Addl. Sessions Judge, Greater Mumbai in Sessions Case No.

The other two accused were acquitted of all charges. The trial court gave them the benefit of the doubt as regards the charges of conspiracy and abetment of other offences by conspiracy, and further held that the prosecution completely failed to establish those other charges that were made directly against them.Ĥ. The judgment by the trial court gave rise to a reference to the Bombay High Court under Section 366 of the Code of Criminal Procedure (CrPC), registered as Confirmation Case No. In addition to the reference, two appeals also came to the High Court from the judgment and order passed by the trial court, one by the appellant against his conviction and sentences (Criminal Appeal No. 738 of 2010) and the other by the State of Maharashtra against the acquittal of the other two accused(Criminal Appeal No.

The High Court, by its judgment and order dated February 21, 2011, confirmed the death sentences given to the appellant by the trial court and dismissed both the appeals. The High Court upheld the judgment and order passed by the trial court in all material aspects: it sustained the appellant's conviction and confirmed the punishments given him by the trial court, but at the same time it did not interfere with the acquittal of the other two accused.ĥ. From the judgment of the High Court two appeals have come to this Court: one is a jail appeal by Kasab and the other is by the State of Maharashtra. The State's appeal seeks to challenge the acquittal of the other two accused by the trial court and affirmed by the High Court. The other two accused are impleaded in the State's appeal as Respondents No.

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