ABDUL NASSAR Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals assail the judgment and order dtd. 28/2/2018 passed by the Division Bench of the High Court of Kerala at Ernakulam in Criminal Appeal No. 1452 of 2013 and Death Sentence Reference No. 3 of 2013 [Hereinafter, being referred to as D.S.R. No. 3 of 2013]. The Death Sentence Reference and the Criminal Appeal arose out of the judgment dtd. 31/7/2013 passed by the Court of Sessions Judge, Manjeri [Hereinafter being referred to as "trial Court"] in Sessions Case No. 487 of 2012.

(2.) By the aforesaid judgment, the learned trial Court found the appellant (the sole accused) guilty of the offences punishable under Ss. 302 and Sec. 376 of the Indian Penal Code, 1860 [Hereinafter being referred to as "IPC"] and sentenced him as follows:

(3.) Being aggrieved by his conviction and sentence awarded by the learned trial Court, the accused preferred Criminal Appeal No. 1452 of 2013 before the High Court. Since the trial Court awarded capital punishment to the accused appellant, the matter was referred to the High Court under Sec. 366 CrPC for confirmation of the death sentence vide D.S.R. No. 3 of 2013. Both D.S.R. No. 3 of 2013 and Criminal Appeal No. 1452 of 2013 were decided by the High Court vide common impugned judgment dtd. 28/2/2018 whereby, the Criminal Appeal was dismissed, and the Death Sentence Reference was allowed confirming the death sentence awarded to the accused. Being aggrieved, the accused appellant has filed the present appeals by way of special leave.