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2004 Supreme(SC) 407

UPENDRA KUMAR – Appellant
Versus
State Of Bihar – Respondent


Judgment

( 1 ) THIS appeal is directed against the impugned judgment of the High court dated 17/5/2002, whereby the criminal appeal filed by the appellant challenging his conviction and sentence under Section 302 Indian Penal Code has been dismissed. The appellant was convicted for the offence under Section 302 indian Penal Code for murder of one Chandeshwar Prasad in terms of the judgment of the court of Session, Muzaffarpur dated 3/10/1996. By order dated 4/10/1996, life imprisonment was imposed on him. Other minor punishments under the provisions of the Arms Act were also imposed on him for the offences for which too he had been found guilty.

( 2 ) MR A. Sharan, learned Senior Counsel appearing for the appellant, rightly did not challenge the conviction of the appellant for the offences aforenoted. Learned counsel, however, submits that the appellant is entitled to the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000 since he was a juvenile both on the date of the occurrence and the date of his production before the court since both the dates in the present case were the same, namely, 10/3/1995. Section 2 (k) of the Juvenile Justice (Care and Protection



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