JUDGMENT

Mehta, J.

1. Heard.

BACKGROUND OF THE CASE

2. The appellants herein¹ [1 Accused No. 1-Mehtab (Appellant in Criminal Appeal Nos. 1342-1343 of 2018) and Accused No. 2-Sushil @ Bhura (Appellant in Criminal Appeal Nos. 1340-1341 of 2018). Collectively, they are being referred to as “appellants”.] were tried by the learned Special Judge (SC/ST Act), Dehradun, ² [Hereinafter, being referred to as ‘trial Court’.] in Special Sessions Trial No. 3 of 2013 for offences punishable under Sections 302, 376(2)(g), 201 read with Section 34 of the Indian Penal Code, 1860³ [For short, ‘IPC’.] and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989⁴ [For short, ‘SC/ST Act’]. Vide judgment dated 23rd January, 2014, the trial Court convicted the appellants for the offences punishable under Section 302 read with Section 34 and Section 376(2)(g) of IPC as well as Section 3(2)(v) of SC/ST Act. The appellants were acquitted of the charge under Section 201 read with Section 34 of IPC. By order of sentence dated 27th January, 2014, the appellants were sentenced in the terms indicated below: -