DHARAMBIR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the final judgment and order dated 6th November, 2009, delivered by the High Court of Delhi at New Delhi, in Criminal Appeal No.140 of 1994. By the impugned judgment, while acquitting one of the co-convicts, the High Court has upheld the conviction of the appellant for offences punishable under Sections 302 and 307 read with Section 34 of the Indian Penal Code, 1860 (for short "the IPC"), for committing murder of one of their close relative and for attempting to murder his brother. The appellant has been sentenced to imprisonment for life under Sections 302/34 IPC and to pay a fine of Rs.500/-. For offence under Section 307/34 IPC, he has been sentenced to undergo rigorous imprisonment for a term of seven years and to pay a fine of Rs.500/-, with default stipulation.

(3.) When the matter came up for motion hearing, Mr. K. Parasaran, learned senior counsel, appearing for the appellant, submitted at the very outset that since at the time of commission of the said offences, the appellant had not completed eighteen years of age, he was a juvenile within the meaning of Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the Act of 2000"), an inquiry in terms of Section 7A of the Act of 2000 has to be made so as to determine the age of the appellant. In support of the submission, learned counsel relied on the appellant's school leaving certificate dated 2nd December, 2009.