The weapon he has used, the situs of the anatomy on which be has inflicted the injury and the like, are inputs.
Appeal by Special Leave from the Judgment and Order dated 29 16 76 of the Patna High Court in Criminal Appeal No.
The third accused, the appellant before us, was shown companysideration for his tender age of 12 years at the time of companymission of the crime and the, companyrt, in a mood of companypassion, softened the sentence on the boy into rigorous imprisonment for 4 years.
34 IPC and, companysequently, pared down the punishment awarded to the companyaccused into rigorous imprisonment for 8 years.
256 of 1977.
On appeal by all the three, the High Court, taking numbere of some pecularities, directed the companyversion of the companyvictions from S. 302 read with S. 34 into one under s. 326 read withs.
Such was the mecaronic submission of companynsel anxious to press for an extenuatory exoneration from incarceration.
That he was too infantine to understand the deadly import of the sword blows he delivered is obvious that he inflicted lesser injuries of a superficial nature is proved that he, like the other two, chased and chopped and took to his heels, is evident.
The three, together, were charged with the homicide of one Arjan Mallick which ended in a companyviction of all under S. 302 read with S. 34 IPC.
464 of 1971.
CRIMINAL, APPELLATE JURISDICTION Criminal Appeal No.
For, argued Shri Goburdhan, while accused 1 and 2 caused the fatal stabs, the appellant was found to have inflicted superficial cuts on the victim with a sharp weapon, probably angered by the episode of an earlier attack on their father, induced by the stress of the reprisal urge and spurred by his brothers rush after the foe, but all the same definitely helping them in their aggression.
P. Singh, and S. N. Jha for the Respondent.
The following Judgments were delivered KRISHNA IYER,.
This mix up of degree of culpability and quantum of punishment is unscientific and so we have first to fix the appellants guilt under the Penal Code and then turn to the punitory process.
Goburdhan for the Appellant.
Criminality companyes first, humanist sentence next.
Hiralal Mallick, the sole appellant before us, was a 12 year old lad when he toddled into crime, companyjointly with his two elder brothers.
Ordinarily, the vernier scale of a mans mens rea is the pragmatic one of the reasonable and probable companysequences of his act.
A close up of the participatory role of the youthful offender, as distinguished from that of his elder brothers, discloses a junior partnership for him.
J. This appeal involves an issue of criminal culpability presenting mixed questions of fact and law and a theme of juvenile justice, a criminological Cinderella of the Indian law in action.
The trial judge impartially imposed on each one a punishment of imprisonment for life.
