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2006 DIGILAW 1033 (SC)

Mohinder Pal Singh v. State of Punjab

2006-09-11

A.K.MATHUR, B.N.AGRAWAL

body2006
ORDER : B.N. Agrawal, J. Heard learned counsel appearing for the appellant as also for the State. 2. On 9-11-2005, Gurpreet Singh v. State of Punjab, (2005) 12 SCC 615 , we rendered final judgment in this appeal and recorded a finding that the High Court was quite justified in convicting the two accused persons, namely, Gurpreet Singh and the present appellant, Mohinder Pal Singh. After recording the finding, we dismissed the appeal filed by accused Gurpreet Singh, but so far as appeal filed by the present appellant Mohinder Pal Singh is concerned, though we upheld his conviction, as point was raised that the said appellant was a juvenile on the date of occurrence, we directed the trial court to make enquiry with regard to this fact. The trial court gave opportunity to adduce evidence and after considering the oral and documentary evidence adduced in great detail, came to the conclusion that on the date of occurrence, the appellant was above 16 years of age; as such, recorded a finding that he was not a juvenile. Against the aforesaid finding, objections have been filed. 3. Shri P.S. Mishra, learned Senior Counsel, contended that while recording the finding, the trial court has not proceeded in accordance with the procedure prescribed by this Court in various decisions. Learned counsel further contended that the trial court was not justified in recording finding that this appellant was not a juvenile and has not correctly appreciated the evidence adduced in the case. 4. Having perused the finding, objections filed thereto, hearing learned counsel for the appellant Mohinder Pal Singh, and after giving our anxious consideration to the entire matter, we are of the view, that the finding recorded by the trial court cannot be faulted with. As such, we do not find any ground to differ with the conclusion of the trial court. 5. Accordingly, we have no option, but to uphold the order passed by the High Court whereby conviction recorded by the trial court has been confirmed. 6. The appeal, accordingly, fails and the same is dismissed. Bail bonds of the appellant Mohinder Pal Singh, who is on bail, are cancelled and he is directed to be taken into custody forthwith for which compliance report must be sent to this Court within one month from the date of receipt/production of copy of this order.