Gujarat Court February 1951 Judgments

Lava Bhura Vs. State

Court: Gujarat

Reported in: 1953CriLJ1140

1. This is an appeal from Jail by the appellant-accused from an order of conviction and sentence under Sections 302 and 392, Penal Code by the Sessions Judge, Junagadh, for murder of one Popat a boy of four years old and robbery of ornaments worth about Rs. 72 from the person of the deceased. (After discussing facts and evidence, His Lordship proceeded:) We entirely agree with the finding of the Sessions Judge that the prosecution has successfully made out a case against the appellant for the offences of murder and robbery.2. As regards the sentence, we would like to make a few observations. The case reveals the commission of a very heinous offence of murdering a boy aged about four years for the sake of committing robbery of ornaments worth about Rs. 72, Ordinarily in such cases the extreme penalty of death should have been the appropriate sentence, The learned Sessions Judge has however taken into consideration the youth of the accused and imposed the lesser penalty of transportation...