NISHI ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Nishi Roy, the juvenile delinquent, being convicted under Section 302 of the I.PC. by the learned Sessions Judge, Purulia on 27th May, 1997 in connection with Sessions Trial No. 15 of 1996 corresponding to Sessions Case No. 105 of 1996 was ultimately sentenced to suffer detention for life in lieu of sentence of imprisonment for life and the learned Sessions Judge directed the Purulia Jail authority to keep the delinquent in segregating from other habitual offenders.

(2.) Nishi Roy has been serving his sentence for a considerable period of time and subsequently being transferred to Midnapur Central Jail, he preferred an appeal through the Jail authority which gave birth to the present criminal appeal being 227 of 1997.

(3.) The prosecution case leading to the starting of the sessions trial before the learned Judge, Purulia was in brief that on 13th January, 1994 at Pat Jhalda under the PS. Jhalda in the district of Purulia, the delinquent took one Rajesh Goswami, aged three and half years and one Mahima Roy, aged about 5 years respectively, in a nearby jungle with the allurement of giving them plums (kool). Both the innocent children on good faith accompanied the delinquent and the delinquent coming in the jungle and finding an abandoned well nearby, threw both the children inside the said well and had left the place.