MANGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of Criminal Misc. Applications Nos. 1952-M and 1954-M of 1985, because they raise common questions of fact and law and are directed against the same judgment.

(2.) MANGA Singh, Harpal Singh, accused petitioners, along with their co-accused Tarlok Singh, Dalip Singh, and Baldev Singh were tried by the learned Additional Sessions Judge, Amritsar, under sections 148, 302/149 and 307/149, Indian Penal Code, on the allegations that they all on 28th November, 1983, while variously armed with deadly weapons, attacked Gurnam Singh and Nishan Singh, as a result of which Gurnam Singh died and Nishan Singh was seriously injured.

(3.) WE have pursued the judgment of the learned trial Court. This point was not agitated before the trial Court. The accused petitioners along with their co-accused were convicted under sections 302/149, 307/149 and 148, Indian Penal Code. They were sentenced to suffer imprisonment for life and to pay a fine of Rs. 2000/- each under section 302/149, Indian Penal Code. They were awarded other sentences also, the details of which are not relevant for the decision of these applications. Aggrieved by the decision of the learned trial Court, the petitioners and their co-convicts filed Criminal Appeal No. 308 DB of 1984, which was dismissed by the Division Bench of this Court on 9th January, 1985. The petitioners were represented by the counsel S. Dara Singh, Advocate. In this Court also, it was not pleaded on behalf of the petitioners that at the time of the commission of the offence, they were below the age of 16 years and were children, as envisaged by the Act and that the case of the petitioners be referred to the State Government under section 34 of the Act and they should not have been sentenced to imprisonment for life. So, this point was not deemed by this Court.