SUNITA Vs. STATE U T CHANDIGARH

JUDGEMENT

(1.) This is an appeal filed by Sunita (hereinafter described as 'the appellant') directed against the judgment and the order of sentence passed by the learned Sessions Judge, Chandigarh dated 19-9-1994. The learned trial Court held the appellant guilty of the offence punishable under Section 302 Indian Penal Code and sentenced her to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-. In default of payment of fine, she was to undergo further rigorous imprisonment for one year.

(2.) The appellant had been tried for having committed the murder of Sarla by sprinkling kerosene on her and then setting her on fire on 16-12-1989 at 11.00 A.M. in her house in Bapu Dham Colony, Union Territory, Chandigarh. Sarla had died after making a dying declaration. After investigating and collecting all other evidence, report under Section 173, Code of Criminal Procedure was submitted. The learned trial Court as referred to above, held the appellant guilty of the said offence and passed the impugned judgment and the order of sentence.

(3.) At the time of arguments, learned counsel for the appellant raised only one pertinent argument. He urged that the appellant on the date when the offence was committed, was a juvenile and, therefore, she could not have been sentenced rigorous imprisonment for life. The said sentence has been passed contrary to the provisions of the Juvenile Justice Act, 1986.