- (1.) There are three accused persons viz., Shiv Prasad, Ravi Kumar and Khelan Yadav. The three were tried together for offences punishable under Sections 302/34 of the Indian Penal Code (IPC) and convicted by the trial Court. Against the conviction, two appeals were filed, one by Shiv Prasad and Ravi Kumar and the other by Khelan Yadav. Both these appeals were clubbed together and then decided by the High Court vide the common judgment dated 22.12.2014 upholding the conviction and sentence. Against the said judgment, all three convicted persons have filed the present special leave petitions. Insofar as the special leave petition filed by Khelan Yadav is concerned, we do not find any merit in the said petition and therefore, the same stands dismissed.
(2.) In respect of the other special leave petition filed by the other two convicted persons viz., Shiv Prasad and Ravi Kumar, leave is granted.
(3.) Shiv Prasad and Ravi Kumar have claimed that they were juveniles on the date of the incident. Having regard to this plea taken by these two persons, the matter was referred to the learned VI Additional Sessions Judge, Durg, Madhya Pradesh, for holding an inquiry into the aforesaid claim of these two appellants.;