MOHAN MALI Vs. STATE OF M P

JUDGEMENT

(1.) This Appeal, which arises out of Special Leave Petition (Crl.) No. 6276 of 2007, is directed against the judgment and order of the Indore Bench of the Madhya Pradesh High Court in Criminal Appeal No. 898 of 1997, challenging the judgment and order of conviction passed by the Addl. Sessions Judge, Dhar, in Sessions Trial No. 366 of 1994. By virtue of the said judgment, the Appellants, along with two other co-accused, were convicted under Sections 302/34, 326/34 and 324/34 of Indian Penal Code and sentenced to life imprisonment along with fine of Rs. 5,000/- for the offence under Section 302/34 IPC, three years' rigorous imprisonment along with fine of Rs. 500/- for the offence under Section 326/34 IPC and one year's rigorous imprisonment along with fine of Rs. 500/- for the offence under Section 324/34 IPC along with further sentence in default of payment of fine. It may be mentioned that the Special Leave Petition filed by one of the other co-accused, Bhagwan, being S.L.P.(Crl.) No. 540 of 2008, was rejected on 16th April, 2008, when notice was issued on S.L.P.(Crl.) No. 6276 of 2007.

(2.) On 17th July, 2009, when the Special Leave Petition came up for admission, leave was granted and the hearing of the appeal was expedited. However, the Appellants' prayer for bail was rejected at that stage. When the matter was being heard for grant of leave, a plea of juvenility was made on behalf of Appellant No. 2, Dhanna Lal, and this Court observed that in the event Dhanna Lal was able to provide proof of his claim that he was a juvenile on the date of the incident, he would be at liberty to apply afresh for grant of bail with such supporting evidence. Pursuant thereto, a fresh bail application was filed on behalf of Dhanna Lal on 27th January, 2010, annexing a copy of the Birth Certificate of Dhanna Lal issued by the Chief Registrar (Birth and Death), Municipal Corporation, Dhar, under Section 12 of the Birth and Death Registration Act, 1969 maintained by the Corporation. From the said certificate it appears that Dhanna Lal's date of birth was recorded as 12th November, 1976 and was registered on 17th November, 1976, making it a document which was contemporaneous with his birth. Upon due verification, it was confirmed on behalf of the State of Madhya Pradesh that the Appellant No. 2, Dhanna Lal, was a juvenile on the date of commission of the offence. Appearing for the State, Mr. Pramod Swarup, Senior Advocate, very fairly submitted that Dhanna Lal was, therefore, entitled to the benefit of Section 7A read with Section 64 of the Juvenile Justice (Care and Protection of Children) Act, 2000 hereinafter referred to as 'the 2000 Act'.

(3.) Mr. S.K. Dubey, learned senior counsel appearing for the Appellants, submitted that the Appellant No. 2, Dhanna Lal, although a minor, within the meaning of the 2000 Act, had not only been tried along with other co-accused, who were not juveniles, in violation of Section 18 of the 2000 Act, but had also undergone 9 years of imprisonment, despite a maximum sentence of three years which could have been imposed on him under Section 15 of the 2000 Act.