Judgement

SEN, J. :- This appeal by special leave-directed against the judgment of the Allahabad High Court dated April 26, 145 upholding the judgment and sentence passed by the learned Additional Sessions Judge, Kanpur dated July 11, 1977 raises the question whether the appellant was a child as defined in S. 2(4) of the U.P. Children Act, 1952 and therefore was entitled to the benefit of S. 29 of the Act. The point was not taken in the High Court nor was there any such plea raised during the trial. This was a case of triple murder. The appellant along with his ten companions was convicted by the learned Additional Sessions Judge under S. 302 read with S. 149 of the Indian Penal Code, 1860 for having committed the murders of the deceased Basdeo, Anant Ram and Mahabir in furtherance of the common object of the unlawful assembly and they were each sentenced to undergo rigorous imprisonment for life. The Court has granted special leave to the appellant Vinod Kumar alone and dismissed the special leave petitions filed by the other accused.

2. In this appeal, the appellant sought special leave mainly on two grounds, namely : (1) The High Court was not justified in dismissing the appeals