Charanjit Talwar, J.

( 1 ) BY this appeal, Krishan Murari @ Pappu and his younger brother Krishan Pal Kuckoo challenge the legality of the judgment dated the 31st January, 1984 passed by the Additional Sessions Judge, Delhi, whereby they were convicted under Section 302 read with Section 34 of the Indian Penal Code. They further challenge his order of the same date sentencing them to life imprisonment. The further sentence imposed on Krishan Pal under Section 324 of the Indian Penal Code to undergo 9 months, rigorous imprisonment is also sought to be set aside.

( 2 ). Before proceeding to the merits of the case, we have to highlight that the appellants were adolescent on the date of commission of offence, i. e. , 18th February, 1983. Their statements under Section 313 of the Code of Criminal Procedure were recorded on 17th January, 1984. Krishan Murari declared himself to be 19 years old and his younger brother Krishan Pal stated that he was 17 years old. Their ages it appears from the record were not challenged by the prosecution. The learned trial Court has not given any finding about their ages although it has been noticed in the order sentencing them that life imprisonment has

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