KARAMJIT SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The two appellants, namely, Karamjit Singh and Harpal Singh alongwith four others, namely, Avtar Singh, Sahab Singh, Jagjit Singh and Balwinder Singh were tried for committing the offences punishable under Sections 302/34 IPC. Vide judgment and order dated 1.2.2010, learned Additional Sessions Judge (Fast Track Court), Karnal acquitted the four co-accused of the appellants. However, both the appellants were held guilty for committing the offences punishable under Sections 302/34 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for two years.

(2.) Aggrieved of their conviction and sentences, the appellants filed the present appeal, which came to be admitted on 17.3.2010 and the recovery of fine was ordered to be stayed during the pendency of the appeal.

(3.) During pendency of the appeal, the appellants filed CRM 3493 of 2014 under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as "the Act of 2000") read with Section 482 Cr.P.C. for referring the matter to the Juvenile Justice Board, Karnal for holding an enquiry and declaring the appellants as juveniles. Alongwith the application, the appellants placed on record certificate of Secondary School Examination as well as Middle Standard Examination conducted by the Board of School Education, Haryana (Annexure A-1) (Colly.) wherein the date of birth of Karamjit Singh-appellant was mentioned as 27.7.1990 and certificate of Middle Standard Examination conducted by the Board of School Education, Haryana (Annexure A-2) wherein the date of birth of Harpal Singh-appellant was recorded as 14.2.1989. Pleading that as the occurrence had taken place on 16.1.2007, both the appellants were less than 18 years of age, the appellants requested for referring the matter to the Juvenile Justice Board for holding an enquiry so as to determine their ages at the time of the occurrence.