S.K. JILLANI Vs. STATE

JUDGEMENT

(1.) Applicant Sk. Jilani who was found to be a minor on the date of commission of murder of his mother was convicted under Sec. 302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for life notwithstanding Sec. 24 of the West Bengal Children Act, 1959.

(2.) Shortly stated, prosecution case is that on September 16, 1985, at about 8.15 a.m. an F.I.R. was lodged by Nefaz -uddin in the Bhagabanpur P.S. that his wife Seherjan was murdered by unknown person or persons with some sharp cutting weapon when the Police took investigation and came to the spot and held enquiry. The case in the F.I.R. was that the said Nefazuddin with his brother went to catch fish in the rivulate with instruments called 'banki' which were kept in the cowshed. Entering the said cashed he found his wife was lying in pool of blood and throat being almost cut. He raised a cry when neighbours came in. His deceased wife bore him 5 daughters and 2 sons both of whom were minors below the age of 18 years. Daughters were in their father -in -law's house. His eldest son Sk. Jilani with his brother and one sister were sleeping in their one big bed -room. The Police sent the dead body to hospital morgue for Post -Mortem Examination and also made a seizure list of blood -stained wearing apparels of the deceased. By the time he came back to his house and found his minor son Jilani was taken to the house of one Tamur Sk. where there was village chowkidar and several persons. It is alleged that Sk. Jilani made extra -judicial confessional statement that he had cut the threat of his mother in the cowshed because she used to ask money from her relations and also asked for food sometimes. This was beneath the dignity of the accused's family. On that extra -judicial confession the minor was arrested and a dagger and his 'lungi' were seized.

(3.) The learned S.D.J.M. Contai found on enquiry that the Appellant was a minor but still he held that the offence as disclosed to be exclusively triable by the Court of Sessions. The minor, Jilani, was refused bail but he found bail on the expiry of ninety days.