MUNNA ALIAS VIJAY KANT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner Munna alias Vijay Kant was prosecuted in Sessions Case No. 201 of 1974 for having committed offences u/ss. 307 and 452, Penal Code. He was convicted for the aforementioned offences by the learned Sessions Judge as per his judgment dated Oct. 31, 1974 and sentenced to suffer rigorous imprisonment for three years and a fine of Rs. 500 in default to suffer rigorous imprisonment for six months for the offence under S. 307, I.P.C. He was further sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 200 for the offence under Section 452, I.P.C. The substantive sentences were directed to run concurrently. 'Criminal Appeal No. 706 of 1974 to the Rajasthan High Court preferred by the petitioner was dismissed and the conviction and sentences were affirmed. Petitioner preferred petition for, Special Leave to Appeal (Criminal) No. 2722 of 1980 to this Court which did not meet with success. In the meantime the petitioner had surrendered on Nov. 3, 1980, and since then he is undergoing imprisonment. Subsequently, petitioner preferred review petition through the Jail authorities. Amongst others, it was pointed out that on the date of the offence he was aged 16 years 3 months and 23 days, his date of birth being January 1, 1958. He produced a photostat copy of his birth certificate.

(2.) On this review petition a notice was ordered to be issued to the State of Rajasthan. In response to the notice Shri B. D. Sharma, learned Standing Counsel for the State of Rajasthan appeared. In view of the evidence of age produced by the petitioner, the Court granted review petition and set aside the order dismissing the Special Leave Petition of the petitioner and granted special leave to appeal against the sentence awarded to the petitioner. Mr. Sharma was thereafter heard on the question of sentence.

(3.) It appears that the petitioner caused one injury to Nathu Lal which according to the medical evidence was dangerous to life. That provides the genesis for his conviction under Section. 307, I.P.C.