GAGAN KANOJIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants herein were prosecuted for commission of an offence under Sections 364/34, 302/34 and 201/34 of the Indian Penal Code, 1860 for kidnapping and murdering two children, Abhishek and Heena, aged six and eight years respectively, of one Kamal Kishore. They were sentenced to death. A reference was made to the High Court under Section 366 of the Code Of Criminal Procedure, 1973.

(2.) Appeals were preferred by Appellants also before the High Court.

(3.) By reason of the impugned judgment, the High Court while upholding the judgment and conviction opined that the case cannot be said to be a rarest of rare one meriting award of death penalty.