MOHAMMAD HANEEF Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 31-8-1979, passed by Sri R. P. Pandey. the then Sessions Judge, Bahraich, whereby he convicted the accused-appellant Mohammad Hanif under S. 302, I.P.C. and sentenced him to imprisonment for life in Sessions Trial No. 12 of 1979.

(2.) A Division Bench comprising of Hon'ble D. K. Trivedi and Hon'ble Kundan Singh, JJ. heard it and delivered separate judgments. There was difference of opinion between Hon'ble Judges as to whether the appellant was a child at the time of the occurrence, though both of them upheld his conviction. Hon'ble D. K. Trivedi, J. was of the opinion that he was a child on the date of incident and was entitled to the benefit of U.P. Children Act whereas Hon'ble Kundan Singh, J. was of the opposite view. So, the difference of opinion between the two- Judges centred around this question. Hon'ble Kundan Singh, J. also passed an additional order for constituting larger Bench as per the proviso of S. 392, Cr. P.C. which reads as under :

(3.) Under these circumstances, larger Bench of three-Judges came to be constituted. Earlier, the appeal was before Full Bench comprising of Hon'ble B. Kumar, Hon'ble Shobha Dixit and Hon'ble Virendra Saran, JJ. Thereafter Full Bench comprising of Hon'ble N. K. Mitra, C.J., Hon'ble R. R. K. Trivedi and Hon'ble Virendra Saran, JJ. was seized of the matter. Arguments before that Full Bench concluded on 28-3-2000 and the judgment was reserved. It appears, however, that the judgment could not be delivered. By subsequent order dated 5-11-2004 passed by Hon'ble M. Katju, Acting C.J. (as he then was) this Bench came to be constituted.