LAWS(DLH)-2009-4-415

VED PRAKASH AND ANR. Vs. STATE

Decided On April 24, 2009
Ved Prakash And Anr. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) 11 accused namely: (i) Hira Lal @ Toni, (ii) Niranjan Lal, (iii) Shishpal all sons of Yaad Ram, (iv) Rakesh, (v) Bhupender, (vi) Hari Om all sons of Ramesh Chand, (vii) Ved Prakash, (viii) Dharmender, (ix) Kanchan Singh all sons of Shankar Lal, (x) Umaro S/o Munna Lal and (xi) Bal Kishan @ Bale were sent for trial and were charged as under:

(2.) BAL Kishan @ Bale expired during trial and hence the proceedings abated against him.

(3.) NOTING at the end of the trial that Kanchan Singh and Bhupender were juvenile, the learned Trial Judge has passed an order that a duplicate set of entire proceedings be prepared and placed before the Juvenile Justice Board so that appropriate order on sentence may be passed against said two accused. Qua the remaining 6 i.e. Hira Lal, Niranjan Lal, Hari Om, Ved Prakash, Rakesh and Dharmender, holding that since it was proved that they had committed offences punishable under Section 302/149 IPC and Section 307/149 IPC, it has been held that the said accused need not be convicted for the lesser offence i.e. the offence punishable under Section 148 IPC.