ARJUN MANDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been filed under section 48(l)(b) of the West Bengal Children Act, 1959 (hereinafter referred to as "the said Act") on behalf of the two appellants who faced Sessions Trial No. XII of January 1990, before the learned Additional Sessions Judge, Sixth Court, Midnapore.

(2.) The two appellants were found guilty in respect of the offence of section 302/34 of the Indian Penal Code and sentenced to suffer imprisonment for life; while another co-accused Tota Mandi was, however, acquitted.

(3.) Before we proceed to consider the appeal on merit it is necessary to lay out certain basic facts. Altogether ten (10) accused persons were arrayed in connection with G. R. Case No. 451 of 1986. Since the present petitioners/ appellants were minors their case was spilt up and were tried separately under the provisions of the said Act in Sessions Trial No. XII of January, 1990 while the seven other accused persons were placed on trial in Sessions Trial Case No. X of January, 1990. In the said trial except Mona Mandi six others were acquitted. Accused Mona Mandi has preferred an appeal being Criminal Appeal No. 399 of 1990 which is pending for disposal as we find from the office.