JAYAVEL Vs. STATE

JUDGEMENT

(1.) Petitioner, Jayavelu, a lifer, now lodged in Central Prison, Vellore, seeks his release from jail, on the ground that on the date when the offence was committed, he was a juvenile in conflict with law.

(2.) In Kasimedu, Chennai, Prabhu and Raghu were illicit drug dealers. There was business rivalry between them. On 30.6.1992, at about 11.30 a.m., in Kasikuppam, in Kasimedu, Prabhu, petitioner Jayavelu and others have stabbed Raghu to death. N-2, Kasimedu Police registered a case in Cr.No.2409 of 1992 under Section 302 and certain other sections of Indian Penal Code. A1 to A8 were prosecuted before the learned IV Additional Sessions Judge, Chennai in Sessions Case in S.C.No.213/1994. Among them, Jayavelu is A2. Ultimately, A8 was acquitted and A1 to A7 were sentenced to life under Section 302 r/w 149 I.P.C. Aggrieved, the convicted persons have appealed to this Court in Crl.A.No.244 of 1995. On 1.10.2002, a Division Bench of this Court dismissed their appeal and confirmed the conviction and sentences. In the Hon'ble Supreme Court, petitioner filed Special Leave Petition and Crl.M.P.No.5181 of 2003 to condone the delay. However, on 10.7.2003, they were dismissed.

(3.) Mr.P.Kumaresan, learned counsel for the petitioner submits that the petitioner was born on 3.1.1976, on the date of commission of the offence, namely, 30.6.1992, he was 16 years, 5 months and 27 days old, as per Section 2(l) r/w 2(k) of the Juvenile Justice (Care and Protection of Children) Act,2000, he is a "juvenile in conflict with law" and as such as per its Section 15, he cannot be sentenced to life and now he is 37 years old and he is in jail for more than 14 years, so, he may be set at liberty. In support of his submissions, Mr.P.Kumaresan, read to us several provisions of the said Act and also certain decisions on the point.