AIR 1983 SUPREME COURT 293 ::1983 ALL. L. J. 819 ::1982 Cri App R (SC) 102 ::1983 ChandLR(Civ&Cri) 549 ::1982 UJ (SC) 289 ::1983 AllCriR 175 ::(1982) AllCriR 175 ::1982 SCC(Cri) 449 ::1982 (2) SCC 400 ::1982 CriLR(SC MAH GUJ) 139 ::(1982) IJR 272 (SC) ::(1982) All WC 249 ::(1982) SC Cr R 195

Supreme Court Of India

(From : 1982 Cri LJ 138 (All)

Hon'ble Judge(s): D. A. Desai, V. Balakrishna Eradi , JJ

(A) Utter Pradesh Children Act (1 of 1952) , S.32(1), S.29, S.27— Prosecution of appellant (aged 15 years) along with other for offence of murder - Sentence of imprisonment for life imposed - High Court referred the case of appellant to State Government under S. 32 (1) - Held, approach of @page-SC294the High Court on the facts of the case was not correct.1982 Cri LJ 138 (All), Reversed. (Para 7) (B) Constitution of India , Art.136— Appeal against conviction - Appellant aged 15 years on date of offence - Appellant along with others tried for offence of murder and convicted to imprisonment for life - Evidence as to sharing of common intention by appelant, and his participation in assault on deceased - Niether convincing, nor reliable - Conviction of appellant, unsustainable. 1982 Cri LJ 138 (All) Reversed. Penal Code (45 of 1860) , S.302, S.34— (Para 8) (C) Penal Code (45 of 1860) , S.302, S.34— Murder - Common intention - Sharing of - Place of occurrence, purely accidental - Appellant, 15 years of age not participating in attack - Mere presence of appellent with other accused (father and brother) - Under the circumtences held not indictive of sharing ....