ORDER

1. Leave granted.

2. The appeal challenges the judgment and order dated 01.07.2019 passed by the High Court of Rajasthan at Jodhpur vide which, though the High Court has confirmed the conviction for the offence punishable under Section 302 of the Indian Penal Code ('IPC'), it has also observed that the case against the present appellant fell within the category of 'rarest of the rare cases'. It was further held that the trial Court has failed in not considering the present case to be falling in the category of 'rarest of the rare cases' for the purpose of awarding death sentence. The High Court therefore, directed that the appellants shall undergo imprisonment for the rest of their life for the offence punishable under Section 302 of the IPC.

3. It is to be noted that it was the appellants who had challenged their conviction by way of an appeal before the High Court. It is further pertinent to note that the State had not appealed against the order of the learned Sessions Judge thereby not awarding death penalty to the appellants.

4. No doubt that the High Court could have itself exercised suo moto powers and enhanced the sentence. However, prior to doing so, the High Court was re