SUSHEN KUMAR RAY Vs. STATE OF C G

JUDGEMENT

(1.) In Sessions Trial No. 96/92 accused/applicant Sushen Kumar Ray was tried along with three other accused persons for committing the murder of Haripad Devnath and assaulting certain other persons. Vide judgment and order dated 14.10.1996 passed by the Additional Sessions Judge, Jagdalpur, applicant Sushen was acquitted by the trial Court whereas the other accused persons were convicted under sections 302 and 307/34 IPC. Against conviction of other accused persons, Criminal Appeal No. 1981/96 was filed by the convicted persons whereas against the acquittal of applicant Sushen, State preferred Criminal Appeal No. 2461/97. Vide judgment and order dated 11.2.2013 this Court altered the conviction of the accused persons in Cr.A. No. 1981/96 whereas the State appeal preferred in the case of the applicant was allowed and he was convicted under Sections 304-11/34 and 307/34 of IPC and sentenced to undergo rigorous imprisonment for seven years and five years respectively.

(2.) After passing of judgment by this Court according to the applicant he noticed the fact that on the date of commission of offence he was minor. He filed Writ Petition (Cr.) No. 33/2013 which was disposed of by this Court on 12.4.2013 directing the Juvenile Board to conduct an enquiry in relation to age of the petitioner and to pass appropriate order. In the enquiry conducted by the Juvenile Board on 12.6.2013 after recording evidence, a finding has been recorded by the Board that on the date of commission of offence the applicant was minor.

(3.) After passing of the above order by the Juvenile Board, the petitioner again filed Writ Petition (Cr.) 53/2013. However, vide order dated 31.7.2013 the writ Court refused to pass any order on the said writ petition holding that against the order of Division Bench no such order can be passed by a writ Court.