MAHADEB MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On 24.10.1979 at about 10.30 a.m. the deceased Brojendra Kumar Mondal was cultivating his land situate at village Jatiadaha, P.S. Jalangi being accompanied by his two sons Kanai and the accused appellant Mahadev. All of a sudden Mahadev, aged about 15 years, struck his father Brojen with a hensua (Material Ext. I) causing serious injury on his abdomen. Brojendra pressed his injury and walked a few steps forbidding and requesting his son not to strike him any more. Immediately thereafter Mahadev struck him over again with the selfsame hensua on his back. The poor father could not withstand all these attacks. He fell down on the ground and breathed his last then and there. In the meantime hearing the cries of the other son the villagers assembled on the spot. Mahadev, however, managed to flee away. Amongst the villagers who came to the spot was Shri Bhakta Kumar Mondal (P.W.2). Kanai related the incident to him and hearing the facts Bhakta at once rushed to the police station being accompanied by other witnesses and there lie lodged the F.I.R. Police came to the spot thereafter, seized the hensua (Material Ext. 1), examined the witnesses, sent the deceased for his postmortem examination. There after in due course police submitted chargesheet against the accused Mahadev.

(2.) We have already indicated before that the age of Mahadev was roughly 15 years on the date of the commission of the offence. The learned Sessions Judge of Murshidabad noticed this fact of the tender age of the accused. Accordingly, in conformity with the provisions laid down in section 25 etc. of the West Bengal Children Act 1959 the accused was tried in respect of the offence under section 302 Indian Penal Code. In course of the trial the learned Sessions Judge assuming the powers of a Juvenile court held Mahadev guilty of the offence under section 302 I.P.C. and in accordance with section 24 of the said Act he sentenced Mahadev with imprisonment for life. The learned Sessions Judge also sent a report to the State Government in consonance with section 24 (3) of the West Bengal Children Act. Being aggrieved by the aforesaid conviction and sentence Mahadev has preferred this appeal from jail.

(3.) None was engaged on behalf of the accused appellant to present his case before us. Lest the interest of the accused appellant is prejudiced we requested Mr. A. R. Saha learned Advocate of this Court to argue the appeal on behalf of the appellant as an Amicus Curiae. We note with satisfaction and we do place it on record that Mr. Saha has argued the case of the appellant to his fullest capacity. Miss Krishna Ghosh, learned Advocate, argued the appeal on behalf of the State Government, as respondent.