STATE OF U P Vs. SATTAN ALIAS SATYENDRA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of a Division Bench of the Allahabad High Court by which two Criminal appeals filed by accused Sattan, Uppendra, Hari Pal son of Kiran Singh and Hari Pal son of Ram Charan (Criminal Appeal No. 2140 of 1999) and Criminal Appeal No. 2237 of 1999 filed by accused Kripal, Brij Pal, Ram Pal and Devendra. A reference under Section 366 of the Code of Criminal Procedure, 1973 (in short the 'Code') for confirmation of death sentence in respect of the accused appellants in Criminal Appeal No. 2140 of 1999 before the High Court was made. So far as Sattan, Upendra, Hari Pal son of Kiran Singh and Hari pal son of Ram Charan are concerned they were sentenced to two years R.I. each under Section 148 of the Indian Penal Code, 1860 (in short the 'IPC'), 10 years R.I. under Section 307 read with Section 149 IPC and death sentence in respect of offence punishable under Section 302 read with Section 149 IPC. The appellants in the Criminal Appeal No.2237 of 1999 were convicted and sentenced to life imprisonment under Section 120 B IPC alongwith appellants in Criminal Appeal No. 2140 of 1999 accused Mukesh, Dhirendra, Rakesh, Naresh and Pappu also faced trial. Out of them Pappu and Naresh died during the pendency of trial while Mukesh, Rakesh and Dhirendra absconded and trial so far as they are concerned were separated. One Rajveer was also charged in terms of Section 120B alongwith appellants in Criminal Appeal No. 2237 of 1999. The Criminal Appeal No.2237 of 1999 was allowed and conviction of Brijpal, Ram Pal and Devendra was set aside. So far as Criminal Appeal No.2140 of 1999 is concerned the conviction as recorded was maintained. Death sentence imposed was altered to life sentence. In the present appeals State has questioned alteration of the death sentence to life sentence in respect of appellant in Criminal Appeal No. 2140 of 1999 and the acquittal as recorded in Criminal Appeal No. 2237 of 1999 as maintained; While upholding the conviction of accused Sattan and Upendra directed acquittal of Hari Pal son of Kiran Singh and Hari Pal son of Ram Charan.

(2.) ACCORDING to learned counsel for the State the only appropriate sentence in a case of this nature was death sentence and the High Court erred in altering it to life sentence after upholding the conviction. Similarly, in respect of the acquittal in the case of the appellants in separate Criminal Appeal Nos.2237 and 2140 of 1999 is concerned, it is submitted that the High Court has not indicated any reasons as to why the conviction as recorded by the Trial Court suffered from any infirmity to warrant interference.

(3.) IT is submitted by learned counsel for the appellant that taking into consideration the aforesaid circumstances the High Court came to an abrupt conclusion that on consideration of aggravating and mitigating circumstances the case does not fall within the category of rarest of rare cases.