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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Vivek Kumar Birla, Jitendra Kumar Sinha
Challa @ Bhagwan Das – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. summary of the prosecution's case. (Para 2 , 3) |
| 2. discussion on the appellant's claim of juvenility. (Para 4 , 6) |
| 3. court references juvenile justice board's findings. (Para 5 , 11 , 12) |
| 4. principles governing juvenility claims. (Para 8 , 9) |
| 5. modification of sentence based on age and time. (Para 14 , 16) |
JUDGMENT :
Vivek Kumar Birla, J.
1. Heard Sri Ajay Kumar Pandey, learned counsel for the appellant and Sri O.P. Dwivedi, learned A.G.A. appearing for the State respondents.
2. The present appeal has been filed by the appellants challenging the judgment and order dated 18.9.1991 passed by learned Sessions Judge, Bareilly in Session Trial No. 434 of 1989 convicting the appellant under Section 302 IPC for life imprisonment.
3. The prosecution story in brief is that the complainant Ram Kumar was residing in Mohalla Punjabpura Chet Ram Phatak, Bareilly; the complainant and one Kaka were sitting on a cot on 29.4.1989 at 8:15 P.M. in front of his house and there was a dibbi light; there was a lantern burning in the house of Radhey Shyam (deceased); the accused-appellant Chhalla and his maternal uncle Kanhai came through the lane; the deceased was standing on the Chabutara o
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