1981 INSC 0304
                                               Hukumdas and Others

                                                           Vs

                                             State of Madhya Pradesh

                                        Criminal Appeal No. 493 of 1981

                                         (V.D. Tulzapurkar, A.N. Sen JJ)

                                                       04.05.981

                                                     JUDGMENT

TULZAPURKAR, J. -

1. Special leave to appeal granted.

2. The counsel for the State of Madhya Pradesh has fairly conceded that it would be right to
conclude from the materials on record and also on fresh material which he has received that age of
Nand Kumar, petitioner 7 (accused 7) was below 16 years at the date of occurrence. In this view of
the matter his conviction as well as the sentence passed upon him will have to be set aside. We
accordingly set aside his conviction and sentence and direct him to appear before learned Sessions
Judge, Bilaspur and the learned Sessions Judge will dispose of the case in accordance with the
provisions of the Madhya Pradesh Bal Adhiniyam, 1970. He should be produced before the Court
from the Borstal School where he has been kept for the present.

3. The appeal is disposed of accordingly.

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