RAVINDER KUMAR ALIAS RAVI Vs. STATE OF DELHI

JUDGEMENT

(1.) Two young boys, the appellants Amit Kumar and Ravinder Kumar, with another young boy named Suman are alleged to have murdered Noor Alam @ Shibu, aged 5 years in the night intervening 9th / 10th November, 1999. The trial of accused Suman is being conduced by the Juvenile Court while the appellants Amit Kumar and Ravinder Kumar were tried by a learned Additional Sessions Judge and on the basis of circumstantial evidence adduced by the prosecution, have suffered life sentence for the offences under Sections 302/364/34 IPC. Both the appellants are further sentenced to undergo rigorous imprisonment for three years besides fine for the off ence punishable under Section 201 Indian Penal Code.

(2.) It is proposed to dispose of both the appeals by this common order in view of the fact that identical questions of fact and law arise in both the appeals.

(3.) The appeals though preferred for setting aside the conviction, during the pendency of the appeals Mr. R.S. Mishra, counsel for the appellant Ravinder Kumar and Mr. I.B.S. Thokchom, counsel for the appellant Amit Kumar stated that they did not wish to press the appeals on merits as the appellants were entitled to avail of the beneficial provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. Subsequently, since there was no appearance on behalf of the appellant Amit Kumar, Mr. R.S. Mishra, Advocate was appointed as amicus curiae by this Court to represent the appellant Amit Kumar as well.