Judgment

KRISHNA IYER, J. - This appeal involves an issue of criminal culpability presenting mixed questions of fact and law and a theme of jnvenile justice a criminological cinderella of the Indian law-in-action.

2. Hiralal Mallick, the sole appellant before us, was a 12 years old lad when he toddled into crime conjointly with his two elder brothers. The three, together, were charged with the homicide of one Arjan Mallick which ended in a conviction of all under S. 302 read with Section 34, I. P. C. The trial Judge impartially imposed on each one a punishment of imprisonment for life. On appeal by all three, the High Court, taking note of the some peculiarities, directed the conversion of the convictions from S. 302 (read with Section 34) into one under S. 326 (read with S. 34) I. P. C. and, consequently, pared down the punishment awarded to the co-accused into rigorous imprisonment for 8 years. The third accused, the appellant before us, was shown consideration for his tender age of 12 years (at the time of commission of the crime) and the Court, in a mood of compassion, softened the sentence of the boy into rigorous imprisonment for 4 years.

3. A close-up of the participatory role