STATE OF KERALA Vs. NINO MATHEW

JUDGEMENT

(1.) The pleas in the afore interim reports dtd. 27/1/2023 and 31/1/2023 filed by the Amici Curiae in the afore captioned Death Sentence References have come up for consideration. The former reference case arose out of the impugned judgment dtd. 18/4/2016 in SC No.1480/2014 on the file of the Sessions Court, Thiruvananthapuram. The latter reference arose out of the impugned judgment dtd. 12/12/2017 in SC No. 662/2016 on the file of Court of Sessions and Special Judge for SC/ST (POA) Act cases, Ernakulam.

(2.) As per the afore impugned judgments of the Courts concerned, the respondent/accused concerned in these references have been convicted for the offences as per Sec.302 of the IPC and have been imposed death sentence. The afore references have been initiated in compliance of the mandate in Sec.366(1), contained in Chapter XXVIII of the CrPC., which stipulates that, when the Sessions Court passes a death sentence, the proceedings shall be submitted to the High Court concerned and the sentence shall not be executed unless it is confirmed by the High Court concerned. The Death Sentence Reference will be hereinafter referred for convenience as DSR. The first case will be referred for convenience either as DSR 2/2016 or as the former case, whereas, the latter reference will be referred for convenience as DSR 2/2018 or as the latter case.

(3.) Two persons were arrayed as the accused in SC No.1480/2014 on the file of the Sessions Court, Thiruvananthapuram, which has now led to DSR No.2/2016 and by the impugned judgment, the Sessions Court has inter alia convicted both A-1 and A-2 for the offence as per Sec.302 of the IPC. A1 has been awarded Death Sentence and A2, who is a lady, has been awarded life sentence. Whereas, there is only a sole accused in SC No.662/2016 on the file of the latter Sessions Court and by the afore impugned judgment of the Sessions Court in the latter case, the sole accused has been inter alia convicted for the offence as per Sec.302 of the IPC and has been awarded Death Sentence. In the former case, A1 has filed separate Criminal Appeal as Criminal Appeal 639/2016 before this Court to challenge his conviction and death sentence. Whereas, A-2 in the former Sessions Case has filed a separate Criminal Appeal No. 683/2016 to challenge her conviction and the life sentence. In the latter case, the sole accused has filed Criminal Appeal No.113/2018 before this Court to challenge his conviction and death sentence.