HARISH J MAL Vs. STATE

JUDGEMENT

(1.) On adifference of opinion between two judges of this Court R. N. Aggrawal and D. R. Khanna JJ. this appeal has come to me for my opinion under section 392 of the Code of Criminal Procedure. Aggarwal J. dismissed the appeal and maintained the conviction and sentence of the appellant under section 302 Indian Penal Code and section 380 IPC, Khanna J. allowed the appeal. He set aside the conviction and sentence of the appellant. Now as a third judge I have to give. my opinion on the appeal.

(2.) The appellant Harish J. Mal is a young man of 26 years In 1976 he was committed to the court of sessions to stand trial on a charge of murder under section 302 Indian Penal Code . At that time he was 22 years of age The charge was that on 28-5-1976 he had committed the murder of his aunt, Mrs. Micle Violet Law. He was also charged for committing theft from her dwelling house under s6c. 380 Indian Penal Code . The Additional Sessions Judge tried him. He found him guilty on both counts. He sentenced him to imprisonment for life on the charge of murder. On the charge under sec. 380 he sentenced him to RI for 3 years and' a fine of Rs. 1500.00 and in default Rl for six months. Both the sentences were ordered to run concurrently. .

(3.) From his conviction and sentence the- appellant appealed to this court. The appeal was heard by Aggaiwal and Khanna JJ. They differed, as I have said. One was for dismissing the appeal. The other was for allowing the appeal.