MEHTAB Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) The appellants herein [1.] were tried by the learned Special Judge (SC/ST Act), Dehradun, [Hereinafter, being referred to as 'trial Court'.] in Special Sessions Trial No. 3 of 2013 for offences punishable under Ss. 302, 376(2)(g), 201 read with Sec. 34 of the Indian Penal Code, 1860 [ For short, 'IPC'.] and Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [ For short, 'SC/ST Act'.]. Vide judgment dtd. 23/1/2014, the trial Court convicted the appellants for the offences punishable under Sec. 302 read with Sec. 34 and Sec. 376(2)(g) of IPC as well as Sec. 3(2)(v) of SC/ST Act. The appellants were acquitted of the charge under Sec. 201 read with Sec. 34 of IPC. By order of sentence dtd. 27/1/2014, the appellants were sentenced in the terms indicated below: - <IMG>JUDGEMENT_110_LAWS(SC)5_2026_1.jpg</IMG>

(3.) Being aggrieved, the appellants preferred separate criminal appeals [ Criminal Appeal Nos. 49 and 60 of 2014.] before the High Court of Uttarakhand at Nainital [ Hereinafter, referred to as 'High Court'.] for assailing the conviction and the sentences awarded to them. The trial Court also forwarded a reference [ Criminal Reference No. 1 of 2014.] under Sec. 366 of the Code of Criminal Procedure, 1973 [ Hereinafter, referred to as 'CrPC'.] for confirmation of the death sentence awarded to the appellants. The learned Division Bench of the High Court, vide common judgment dtd. 27/4/2018, partly allowed the appeals preferred by the appellants by acquitting them of the charge under Sec. 3(2)(v) of the SC/ST Act, while maintaining their conviction and sentences for the remaining offences. The High Court also answered the death reference in the affirmative and confirmed the sentence of death awarded to the appellants by the trial Court. The said common judgment of the High Court is the subject matter of challenge in these appeals by special leave.