NAVEEN CHANDRA Vs. STATE OF UTTRANCHAL

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Uttaranchal High Court dismissing the appeal filed by the appellant while allowing the appeals filed by two others i.e. parents of the appellant. Appellant was convicted for offence punishable under Section 302 of the Indian Penal Code, 1860, (in short the 'Indian Penal Code, 1860') read with Section 34 of the Indian Penal Code, 1860. While the appellant was awarded death sentence, the other two were sentenced to undergo imprisonment for life. All the three accused persons were convicted for offence punishable under Section 302 read with Section 34 Indian Penal Code, 1860. In view of the award of death sentence a reference was made to the High Court for confirmation in terms of Section 366 of the Code Of Criminal Procedure, 1973 (in short the 'Code'). By the impugned judgment the High Court directed acquittal of accused Smt. Kamla Devi and accused Sh. Nanda Ballabh and the death sentence was converted to life imprisonment and the appeal filed by the present appellant was partly allowed.

(3.) The background facts in a nutshell are as follows: