RAM NAVAMI SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) The instant jail appeal has been preferred by the appellant-Ram Navami Sharma challenging the judgment and order dated 26.08.2010 passed by learned Additional Sessions Judge/F.T.C. Court No.3, Maharajganj, in Sessions Trial No.220 of 2003, arising out of Case Crime No.248 of 2003, under Section 302 IPC, Police Station Paniyara, District Maharajganj, whereby the appellant Ram Navami Sharma was convicted for the offence under Section 302 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.20,000/- with default stipulation of three months additional rigorous imprisonment.

(2.) During pendency of the appeal, an application was moved on behalf of the appellant Ram Navami Sharma claiming him to be juvenile on the date of incident. On this application question of determination of age of the appellant Ram Navami Sharma was referred to concerned Juvenile Justice Board for determination of his age. Report of the concerned Juvenile Justice Board dated 21.08.2015 has been received whereby the concerned Juvenile Justice Board has declared that the appellant Ram Navami Sharma was juvenile on the date of incident.

(3.) Learned counsel for the appellant submits that the appellant Ram Navami Sharma is in custody from the date of judgment and has already remained in custody for more than five years. Therefore, he does not intend to press this appeal on merits as the appellant has already remained in custody for the last more than five years. So keeping in view the orders that can be passed regarding juvenile, he has already served more than the maximum period during which he can be detained in special home.