JUDGEMENT

R.M. Lodha, J. —

1. Leave granted in S.L.P. (Crl.) No.5209/2006.

The appellants in these four appeals suffered death sentence for the offence punishable under Section 302/34 IPC, at the hands of Additional Distt. & Sessions Judge, First Fast Track Court, Nainital. The trial court also convicted the appellants for the offences punishable under Sections 376 and 377, IPC and sentenced them to life imprisonment. Each of the appellants was also convicted for the offence punishable under Section 201/34, IPC and sentenced to undergo seven years rigorous imprisonment and fine of Rs.2,000/- and in default in payment of fine, additional imprisonment of six months. Since death sentence was awarded, the trial court made a reference to the High Court for confirmation. The appellants challenged the judgment of the trial court in separate appeals before the High Court of Uttaranchal at Nainital. The death reference and appeals were heard together. Vide judgment dated July 12, 2005, the High Court maintained the conviction of the appellants under Sections 302/34, 376 and 201/34, IPC. The sentence of death awarded under Sections 302/34, IPC to each of the appellants was commuted to that