JOGINDER PAL @ PAPPU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was convicted under section 302, Indian Penal Code, by the Additional Sessions Judge, Amritsar vide order dated May 28, 1981, and sentenced to imprisonment for life and a fine of Rs. 5000/-, in default of payment further rigorous imprisonment for two years vide another order dated May 29. 1981. The petitioner filed Criminal Appeal No. 400-DB of 1981 which was disposed of on November 9, 1981. The operative part of this order reads :

(2.) THE Statement Government thereafter passed the order dated January 7, 1982, (P.3) which reads:

(3.) THE learned counsel for petitioner has argued that the Government has ordered the detention of the petitioner in a Certified School, Hoshiarpur, till he attained the age of 18 years. The State Government could transfer the petitioner to a Borstal School under section 43(2) of the East Punjab Children Act, (here in after the Act) but even by doing so he could not be detained therein beyond the age of 18 years under proviso thereto. The petitioner has been ordered to be detained in the Borstal School after attaining the age of 18 years and as such the impugned order dated January 7, 1982, (P.3) is liable to be quashed being infraction of proviso to section 43(2) of the Act. Reliance has been placed on Criminal Revision No. 31 of 1981, decided on January 22, 1981, and Yayendra and another v. State of Uttar Pradesh, AIR 1982 S.C. 685 and Munna and others etc. etc. v. State of U.P. and others etc., AIR 1982 S.C. 806.