SATNAM SINGH @ SATTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this judgment, we shall dispose of two separate Criminal Appeal Nos. 139 -DB and 186 -DB of 2003 filed by the appellants against judgment and order dated 17.10.2002 passed by Sessions Judge, Amritsar, convicting appellant Satnam Singh @ Satta under Section 302 of the Indian Penal Code and Baljinder Singh, Malkiat Singh @ Meeta and Amarjit Singh under Section 302 read with section 34 of the Indian Penal Code and sentencing them as follows: -

(2.) A question arose during pendency of the appeal whether on the date of commission of the offence, the appellants were juveniles and therefore, could only be tried under the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the "Act") At the very outset, counsel for the appellants state that they do not press the appeals on conviction but pray that as a report has been received from Shri Devinder Singh Sandhu, Deputy Superintendent of Police, Sub Division, Patti, District Taran Taran, confirming that the appellants were juveniles on the date of commission of alleged offence, an order may be passed maintaining their conviction and setting aside their sentences in accordance with ratio of a judgment of the Hon'ble Supreme Court in Lakhan Lal versus State of Bihar, 2011 (2) SCC 251.

(3.) THE contents of the affidavit relating to appellant Malkiat Singh @ Meeta read as follows: -