SATYAVEER Vs. STATE OF U P

JUDGEMENT

(1.) H. C. Mittal and G. D. Dube, JJ. Appellants Satya Veer son of Ajab Singh, Bharat Veer and another Satya Veer son of Shyam Singh have been convicted and sentenced to undergo imprisonment for life under Section 302/34, I. P. C. and to three years R. I. under Section 201, I. P. C. by special Judge/additional Sessions Judge, Muzaffarnagar. Aggrieved by this order, the present Appeal has been filed.

(2.) IT is note-worthy that according to their statements under Section 313, Cr. P. C. on 1. 5. 85, appellant Satya Veer son of Shyam Singh was eighteen years, appellant Bharat Veer was sixteen years and the other appellant Satya Veer son of Ajab Singh was sixteen years and eleven months of age. These ages given by the appellants have not been challenged by the prosecution nor the lower Court had made any observation to the con trary that the age given by the three appellants wins incorrect. In this way, on the date of occurrence i. e. 16. 2. 1983, all the three appellants were admittedly below sixteen years.

(3.) INCISED wound 2 cm x 1 cm x muscle on the face right side 2 cm. below the right eye. Spindle shaped clean cut margins obliquely. 5. Further investigations were conducted by B. S. Yadav (PW. 13 ). He had arrested Sastya Veer son of Ajab Singh on 9. 5. 83 from the house of his maternal grand-father Moosa. During investigation, he promised to hand over the weapons and the other materials relating to this offence. Conse quently, this Satya Veer along with Police Officer and witnesses went to the sugar cane field of Om Prakash son of Kabool Jat in village Jungle Cram Senta and brought out a knife, a pair of Chappal and a torn piece of red colour shirt and hair of the head. The chappal and pieces of shirt were shown to Radhey Lal who identified those to be that of his son.