KAILASH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellants along with one Shiv Kumar and Guddan were tried by the Sessions Court, Aligarh for the offences under Section 302 read with Section 34 IPC. The appellants and Guddan, in addition to the offences mentioned above, were tried for an offence under Section 394 IPC. One of the appellants Kailash son of Prem, (second appellant) and Guddan were further tried under Section 4/25 of the Arms Act also. The trial Court acquitted Shiv Kumar of the offences under Section 302 read with Section 34 but convicted him for an offence under Section 411 IPC. The appellants and Guddan were convicted for the offences charged against them. Additionally the second appellant was convicted under Section 4/25 Arms Act.

(2.) All the accused preferred appeals to the Allahabad High Court and the High Court while maintaining the conviction quashed the sentence imposed on Shiv Kumar and Guddan on the ground that they were minors when the offence was committed and by the time the judgment was rendered by the High Court they were majors (30 years) and they could not be sent to approved school, purporting to follow the judgment of this Court in Jayendra v. State of U. P., AIR 1982 SC 685. Accordingly the two appellants alone have preferred these two appeals.

(3.) Briefly stated, the facts as presented by prosecution are as flllows :_