CHANDRA PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri R.N.S. Chauhan, learned counsel for the appellant, and Shri Umesh Chandra, learned AGA for the State.

(2.) Instant appeal has been preferred by appellant Chandra Pal challenging the judgment and order dated 30.06.1986 passed by Special Judge, Unnao, in Sessions Trial No. 366 of 1984 arising out of Case Crime No. 106 of 1983, Police Station Bihar, District Unnao, whereby appellant Chandra Pal was convicted for the offence under Sec. 302 IPC and was sentenced to undergo imprisonment for life. However, co -accused persons namely Satya Narain, Ram Salone and Sripal, who were also tried along with the present appellant, were acquitted of the charges levelled against them.

(3.) Before proceeding further in this matter, it is pertinent to mention here that during pendency of the instant appeal appellant Chandra Pal claimed himself to be juvenile on the date of incident and moved an application under Sec. 7 -A of the Juvenile Justice (Care & Protection Act, 2000, for declaring him to be juvenile. Under the orders of this Court, the matter for determination of his age at the time of incident was referred to Juvenile Justice Board, Unnao. The concerned Juvenile Justice Board vide its order dated 24.07.2015 declared the appellant as juvenile on the date of incident i.e. 07.10.1983. He was declared juvenile on the basis of his date of birth mentioned in the mark sheet of high school examination 1983 wherein his date of birth was recorded as 25.11.1965.