ZAKARIUS LAKRA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this Writ Petition under Article 32 of the Constitution, the petitioners, who are the parents of the appellant In Criminal Appeal No. 824 of 2002, question the legality of the death sentence imposed on the appellant by the Additional Sessions Judge, Dehradun which was confirmed by the High Court on reference made to it and further confirmed by this Court on the appeal filed by the appellant. The petitioners prayed for quashing the death sentence on the ground that the appellant was a juvenile on the date of the commission of the offence i. e. 15.11.1994. According to the school certificate produced as 'additional evidence' along with this petition, his date of birth is 04. 01.1980. It transpires that along with the memorandum of appeal, the appellant did file two certificates dated 28. 04.2001 and 02. 08.2002 issued by School authorities in west Bengal to the same effect but they were not brought to the notice of the Bench at the time of hearing of the appeal. It is not known whether it formed part of the relevant record furnished by the Registry to the amicus curiae who pleaded the case of the appellant. It is on the basis of this material that the learned counsel for the petitioners submits that the imposition of death sentence is not proper.

(2.) We would like to make it specifically clear that the learned counsel for the petitioners stated that he is not seeking for re-opening of the trial and for setting aside the conviction. He submitted that the limited relief sought for in this writ petition is to modify the death sentence to life imprisonment having regard to the age of the accused on the relevant date. Learned counsel submits that the genuineness and authenticity of the certificate can be got verified by directing an enquiry by named authority or Court.

(3.) A review petition was filed by the convicted appellant. In the review petition, the grounds raised were in regard to the age of the accused-appellant. In one of the grounds, it was pointed out that the school certificate filed by the petitioner along with the appeal was not taken into consideration. The learned counsel for the petitioners submits that apparently, this particular ground taken in the review petition would not have been noticed by the Court. The review petition was dismissed.