SHANMUGHAM Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted under section 302 I.P.C. and sentenced to imprisonment for life by the Sessions Judge of Cuddalore in SC No. 21 of 1980 on the file of his Court for having committed the murder of his cousin, a ten year old boy named Manikandan by stabbing him indiscriminately all over his body with a knife at about 5 p.m. 6 -7 -1979 at Kalinchikuppam village. The appellant has preferred this appeal against his conviction and sentence.

(2.) When the appeal was taken up for hearing, Mr. Vanamamalai, learned counsel for the appellant, raised a plea that the appellant was a young person and as such, he should have been tried and sentenced according to the provisions of the Tamil Nadu Children Act and ought not to have been tried as an adult offender and sentenced to imprisonment for life, even if the evidence conclusively proved his guilt. Such a plea was not raised by the appellant either before the committing Magistrate or before the Sessions Judge. Even in the grounds of appeal, such a plea has not been taken. Notwithstanding this position, the appellant's counsel raised a plea about the age of the appellant on account of a solitary feature, viz, that the appellant while giving his statement under section 313 Cri.P.C., had given his age as 19 years. As the statement was given on 10 -11 -1980 and as the occurrence had taken place on 6 -7 -1979, viz, nearly one and a half years earlier, the appellant's counsel argued that the appellant must have been about 17 -1/2 years of age on the date of commission of the offence and hence, he should have been treated as young person and tried as such. In view of this objection, we passed an order directing the Superintendent, Central Prison, Vellore, to have the appellant examined by the District Medical Officer radiologically and get a report regarding the age of the appellant. We also directed the Public Prosecutor to instruct the Police authorities to find out whether there is any birth certificate, school certificate and College certificate for the appellant, in order to know whether there is independent evidence regarding the date of birth of the appellant. Pending receipt of these records, the hearing of the appeal was postponed.

(3.) In view of our directions, the appellant has been radiologically examined at the Government Pentland Hospital Vellore, and an age certificate has been submitted, which is now marked as Ex. C. 1. According to the Radiologist, the appellant was aged 'above 21 years' on the date of his examination, viz, on 27 -11 -1982. Besides, the prosecution has also obtained copies of age certificates from the school and College where the appellant has studied and they are marked as Exs. C. 2 and 3 respectively. As per these certificates, the date of birth of the appellant is 6 -5 -1961. If that be the case, the appellant should have been aged 18 years and 2 months on the date of the commission of offence.