DINESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) A. THE APPEAL:-This Criminal Appeal arises from the common Judgment and Order dtd. 18/9/2009 of the High Court of Punjab and Haryana in Criminal Appeal No. 62-DB of 2001, whereunder the High Court has dismissed the Appellant 's appeal and affirmed the judgment of conviction dtd. 15/9/2000 and the order on sentence dtd. 18/9/2000 passed by the Additional Sessions Judge, Sonepat in Sessions Case No. 134 of 1998.

(2.) The Appellant, along with Manoj and Mukesh Kumar, was convicted for the offences punishable under Ss. 302 read with 34 and 392 read with 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC '). For the offence under Sec. 302/34 IPC, each accused was sentenced to imprisonment for life and a fine of Rs.10,000.00 with a default sentence of three years' rigorous imprisonment. For the offence under Sec. 392/34 IPC, each was sentenced to seven years' rigorous imprisonment and a fine of Rs.5,000.00 with a default sentence of two years' rigorous imprisonment. The substantive sentences were directed to run concurrently.

(3.) During the pendency of the present appeal, the appellant placed on record an order dtd. 12/10/2012 of the Principal Magistrate, Juvenile Justice Board, Sonepat declaring that he was a juvenile on the date of the offence and directing his release, he having already undergone detention well beyond the maximum permissible period under the juvenile justice law. The record of that inquiry has since been called for by this Court. The appeal, therefore, requires determination both on the merits of the conviction and on the legal consequences of the appellant's juvenility.