ASHOK KUMAR Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Delhi High Court confirming the conviction of the Appellant under Section 302/34, Indian Penal Code, and sentence of imprisonment for life.

(2.) Ashok Kumar aged about 17 years and his younger brother, Vijay Kumar, below the age of 16 years were charge-sheeted for an offence under Sec. 302/34, Indian Penal Code for causing the death of Rajinder Kumar aged about 23 years. Vijay Kumar was sent for trial under the Children Act, 1960, and is not, therefore, before us.

(3.) In June, 1971, Jai Bhagwan, father of the accused, had complained to the police against the deceased, Rajinder Kumar, alleging that he had kidnapped his daughter, Saroj Kumari. It is said that Saroj Kumari was recovered from the company of Rajinnder Kumar at Ahmedabad and Rajinder Kumar was charged for offences under Sections 366 and 376, Indian Penal Code, and the case was pending on the date of occurrence.