BABBAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The two appellants, along with accused Vishwanath Rai, Dharmu Rai, Ram Dayal Rai and Baleshwar Rai, were convicted by the Trial Court under Sections 32 and 302/149 of the Indian Penal Code, 1860 (hereinafter referred to as "I. P. C.") sentenced to undergo imprisonment for life. Dharmu Rai was further convicted under Sections 324 and 148, I. P. C. and sentenced to undergo rigorous imprisonment for one year on both counts. Ram Dayal Rai was further convicted under Sections323 and 147, I. P. C. and sentenced to undergo rigorous imprisonment for a period of six months and one year respectively. Baleshwar Rai was further convicted under Sections 341 and 148, I. P. C. and sentenced to undergo rigorous imprisonment for a period of six months and one year respectively. Babban Rai was further convicted under Sections 341 and 147, I. P. C. and was sentenced to undergo rigorous imprisonment for six months and one year respectively. Accused Dharam Nath Rai was also convicted under Section 147 I. P. C. and sentenced to undergo rigorous imprisonment for one year. All the sentences were ordered to run concurrently. On appeal being preferred, the High Court confirmed the convictions and sentences. Hence, the special leave petition was filed before this Court by accused Babban Rai, Ram Dayal Rai, Dharam Nath Rai and Dharmu Rai. Special leave petition in relation to Ram Dayal Rai and Dharamu Rai was dismissed by this Court on 24th Sptember, 2001, whereas leave was granted in relation to accused Babban Rai and Dharam Nath Rai.

(3.) By order dated 17th January, 2007, a Report was called from the Trial Court in relation to the age of these two appellants on the date of occurrence after giving opportunity to the parties to adduce evidence. Pursuant to the said order, an inquiry was conducted by the Trial Court and Report dated 3rd April, 2007, has been submitted, according to which appellant Babban Rai was under sixteen years of age whereas appellant-Dharam Nath Rai was about eighteen years of age on the date of alleged occurrence.