DAL CHAND Vs. STATE

JUDGEMENT

(1.) This case has an eventful history. This is the second time that Dal Chand, the appellant has challenged his conviction and sentence punishable for the offence of murder which, it is alleged, he committed on April 21, 1975. At the time of commission of offence, the appellant was stated to be a little over 17 years of age. He was found guilty after trial by an Additional Sessions Judge, Delhi vide judgment dated the 22nd February, 1977. The appeal filed by him (Criminal Appeal No. 132/77) was allowed by this court on October 23, 1981 and the case was remanded for re-trial to the Court of Sessions.

(2.) The Division Bench comprising D.K. Kapur, J. (as his lordship then was) and J.D. Jain, J. found that as the substantive charge for the offence of murder had not been framed, the conviction and sentence awarded for the offence punishable under Section 302 of the Indian Penal Code read with Section 149, Indian Penal Code was not sustainable.

(3.) The facts of the case have been noticed in detail in the earlier judgment, by this Court. Briefly those are as under :