MANDA RAJU Vs. STATE OF A P

JUDGEMENT

(1.) Inasmuch as these two matters are inter-related, they are taken up together for disposal by this common judgment.

(2.) Crl.A.No.192 of 2008 is preferred against the judgment dated 20.09.2007 delivered in S.C.No.574 of 2004 on the file of the Additional Metropolitan Sessions Judge-cum-III Additional District & Sessions Judge (FTC) whereby A1, A2 and the appellant-A3 were found guilty of the offences punishable under Sections 302, 394, 120-B and 201 read with 34 Indian Penal Code, and accordingly convicted and sentenced to suffer imprisonment for life for the offence punishable under Section 302 Indian Penal Code. They are further sentenced to suffer rigorous imprisonment for a period of five years and pay fine ofL 1,000/- each, in default, to suffer simple imprisonment for three months for the offence punishable under Section 394 Indian Penal Code, and also sentenced to suffer simple imprisonment for two years each for the offence punishable under Section 201 Indian Penal Code and further sentenced to suffer rigorous imprisonment for two years each for the offence punishable under Section 120-B, and directed that all the sentences should run concurrently. Challenging this judgment, A3 has preferred the present Criminal Appeal.

(3.) The appellant also filed an application in Crl.A.M.P.No.2342 of 2010 in Crl.A.No. 192 of 2008 stating that his date of birth is 04.03.1987 and his age is only 17 years as on the date of commission of the offence i.e. on 05.02.2004, as such, he is a juvenile within the provision of Juvenile Justice (Care Protection of Children) Act, 2000 (for short "the Act"), and therefore, he is entitled to the benefit extended under the provisions of the Act.