JUDGMENT

S.B. Sinha, J.—Appellants herein were prosecuted for commission of an offence under Sections 364/34, 302/34 and 201/34 of the Indian Penal Code 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.

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.

4. The children went to take private tuition in the house of one Pooja. They were supposed to come back by 6.30 p.m. As they did not return, Kamal Kishore went to her house. He was informed that the children had left her house at 6.15 p.m. The children were continued to be searched. He, however, came to know that one scooterist wearing trouser of black colour and shirt of white colour had taken his children on his scooter. A First Information Report was lodged. During investigation, the school bags and dead bodies of the child