MOHAN SINGH BALWANT SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned Additional Sessions judge, Delhi, convicting Mohan Sing appellant under Section 302, India Penal code, for the murder of Tirath Ram by giving him knife blow. He was liable to be sentenced to death or to imprisonment for life but the court below relying on section 22 of the Bombay children Act (Bombay Act XIII of 1924) as extended to delhi Administration under Section 26 of this act to pass such orders as the said administration may thing fit and proper for the detention of the accused. Till the receipt of the orders of the Delhi Administration, Mohan Singh accused was directed to be kept in safe custody in the Remand House where he was kept during the trial. This order was passed on 24-5-61. On 28-9-1961 the learned additional Session Judge in accordance with the direction of the Chief commissioner ordered that the appellant be detained in Reformatory School, hissar, till the attained the age of 18 years and thereafter to be detained in Borstal school Ferozepur till attained the age 21 years. It was necessary point out here that the accused was considered to be 15 years old on 16-8-1960. The offence will committed on 26-7-1960. He was therefore youthful offender as defined in Sec 3 (c) of the Bombay Children Act, being under the age of years at the time of the commission of the fence. It is these circumstances that the present appeal has been preferred.

(2.) TO begin with the learned counsel for the appellant addressed arguments challenging Judge order of the learned Additional Sessions Judge directing the appellant's detention is the Borstal School Ferozepur after he attains the age of years. This argument has been addressed on the assumption that the assumption that the conviction is justified and the deed the learned counsel stared her contention by submitting that in case she failed to persuade us to agree with her on this point she would address arguments on the merits of the conviction. In support of this contention we have been referred to High Court Rules and Orders vol. III Chapter 22-D which contains the instructions issued by the Punjab government in its circular dated 4-2-1939 on the subject of Borstal Jail extracts. The learned counsel has contended that it is not proper for the appellant to be sent to Borstal Jail after he attains the age of 18 years because there he would be in the company of more hardened criminals which would have an more hardened criminals which would have any more hardened criminals which would have an more hardened criminals which would have an unwholesome effect on him and that he may come out of the Borstal Institution a more hardened criminal. She has emphasised that according to her information the appellant is behaving in the exemplary manner in the Reformatory School and that after three years there is every likelihood rather than kept in the Borstal Institute for another period of three years which may undo the good effect of his detention in the Reformatory School. In support of this contention she has referred us to the various passages in chapter 22 D mentioned above. I am however unable to persuade myself to agree with this contention. In my opinion keeping in view the tendencies of the appellant at this young age it would be far better for him to remain in the Borstal Jail after the age of 18 years and to remain under certain discipline.

(3.) THE appellant's learned counsel has suggested to us to look at the report under sec 27-A of the Bombay Children Act secured by the Court below in this case. Since she had not so far been shown this report she was not aware about its contents. We have accordingly looked at the report relating to appellant Mohan singh. Report previous too the appellant had been arrested under a theft case but was acquitted. The Station House Officer Lajpat Nagar was also contacted who stated that except the theft case there was no other legal record against the appellant's. Regarding the family history the appellants father is one Balwant singh 55 years old doing dairy worse and his mother Smt. Harbans Kaur aged 50 years also doing dairy work. then there are the following members of the family mentioned:--