RAJIVE BHALLA, JASPAL SINGH, JJ. - (1.) BY way of this judgment, we shall dispose of two separate Criminal Appeal Nos. 139 -DB and 186 -DB of 2003 filed by the appellants against judgment and order dated 17.10.2002 passed by Sessions Judge, Amritsar, convicting appellant Satnam Singh @ Satta under Section 302 of the Indian Penal Code and Baljinder Singh, Malkiat Singh @ Meeta and Amarjit Singh under Section 302 read with section 34 of the Indian Penal Code and sentencing them as follows: - 302 IPC Rigorous Imprisonment for life, fine of Rs. 500/ -, in default of payment of fine, further R.I. for six months each. 302/34 IPC Rigorous Imprisonment for life each, fine of Rs. 500/ -each, in default of payment of fine, further R.I. for six months each.
(2.) A question arose during pendency of the appeal whether on the date of commission of the offence, the appellants were juveniles and therefore, could only be tried under the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the "Act") At the very outset, counsel for the appellants state that they do not press the appeals on conviction but pray that as a report has been received from Shri Devinder Singh Sandhu, Deputy Superintendent of Police, Sub Division, Patti, District Taran Taran, confirming that the appellants were juveniles on the date of commission of alleged offence, an order may be passed maintaining their conviction and setting aside their sentences in accordance with ratio of a judgment of the Hon'ble Supreme Court in Lakhan Lal versus State of Bihar, 2011 (2) SCC 251. Counsel for the State of Punjab is not in a position to contest the correctness of the affidavit filed by Shri Devinder Singh Sandhu, Deputy Superintendent of Police, Sub Division, Patti, District Tarn Taran, but states that conviction of the appellants may be maintained whereas question of their sentence may be considered in such a manner as this court may deem appropriate. We have heard counsel for the parties, perused the impugned judgment and order of sentence as well as affidavit dated 26.10.2013 filed by Shri Devinder Singh Sandhu, PPS, Deputy Superintendent of Police Sub Division, Patti, District Tarn Taran. Shri Devinder Singh Sandhu, PPS, Deputy Superintendent of Police Sub Division, Patti, District Tarn Taran has filed an affidavit setting out the date of birth of each of the appellants. An extract of the affidavit relating to appellant Baljinder Singh alias Balwinder Singh reads as follows: - " 1. That on receipt of the Petition in the office of the answering respondent, S.H.O. Police Station, Patti, District Taran Taran was directed to sort out the grievances of the applicants/appellants alleged in the petition. The applicant/appellant no.1 Baljinder Singh alias Balwinder Singh has produced his school leaving certificate wherein his date of birth 05.03.1983 has been mentioned and accordingly the S.H.O. Police Station, Patti, District Taran Taran got verified the above mentioned school leaving certificate of the applicant/appellant no.1 from Govt. Elementary School Sarali Mand Kalan District Tarn Taran vide verification report wherein the concerned school has found that the school leaving certificate of the applicant/appellant No.1 wherein his date of birth 05.03.1983 has been mentioned is correct and valid one. The verification report of the Govt. Elementary School Sarali Mand Kalan, District Taran Taran is annexed herewith as Annexure R -1 and its true translation is annexed herewith as Annexure R -1/T. Similarly the S.H.O, Police Station, Patti, District Taran Taran got verified the date of Birth of applicant/appellant No.1 Baljinder Singh alias Balwinder Singh from the office of Addl.Distt. Registrar Birth and Death, Taran Taran and found that no entry exists regarding the birth of Baljinder Singh alias Balwinder Singh appellant/applicant no.1 in the record for the year, 1983 vide verification report No.1475 dated 03.10.2013. In fact there is entry exist in the birth record for the year, 1983 in the name of Baljinder Singh S/o Veer Singh S/o Gareeb Singh wherein his date of birth 20.07.1983 has entered vide entry No.46 at Page No.23. The verification report No.1475 dated 03.10.2013 of Addl.Distt. Registrar Birth and Death, Taran Taran is annexed herewith as Annexure R -2 and its true translation is annexed herewith as Annexure R -2/T.
(3.) THE contents of the affidavit relating to appellant Malkiat Singh @ Meeta read as follows: - " That similarly the applicant/appellant No.2 Malkiat Singh alias Meeta has produced his matriculation certificate wherein his date of birth 04.05.1983 has been mentioned and accordingly the S.H.O. Police Station, Patti, District Tarn Taran got verified the above mentioned matriculation certificate of the applicant/appellant no.2 from Govt. Secondary School [Boys], Patti, District Tarn Taran vide verification report No.268/SP -13 dated 26.08.2013 wherein the concerned school has found that the matriculation certificate of the applicant/appellant no.2 Malkiat Singh alias Meeta wherein his date of birth 04.05.1983 has been mentioned is correct and valid one. The verification report No.268/SP/13 dated 26.8.2013 is annexed herewith as Annexure R -3 and its true translation is annexed herewith as Annexure R -3/T. Similarly the above mentioned matriculation certificate of the applicant/appellant no.2 has also got verified from Punjab School Education Board S.A.S. Nagar, Mohali vide verification report No.3998/PSEB/Verification/Computer/Cell Dated 17.09.2013 wherein the board has found that the matriculation certificate of the applicant/appellant No.2 Malkiat Singh wherein his date of birth 04.05.1983 has been mentioned is correct and valid one. The verification report No..3998/PSEB/Verification/Computer/Cell Dated 17.09.2013 is annexed herewith as Annexure R -4 and its true translation is annexed herewith as Annexure R -4/T. ;