IN THE MATTER OF APTABUDDIN MUNSI Vs. STATE

JUDGEMENT

(1.) In a sessions trial, the appellant being convicted under Sections 498A/302/34 Penal Code and sentenced to suffer imprisonment for life and R.I. for 3 years respectively and to pay fine with default clause, preferred a statutory appeal and after such appeal being admitted, he moved this court for suspension of sentence and for his release on bail.

(2.) While moving the said application for suspension of sentence, a claim of juvenility was raised before a Co-ordinate Bench of this Court and accordingly that bench directed the learned Chief Judicial Magistrate, Alipore to hold an enquiry in accordance with law and determine the age of the appellant on the date of occurrence. Already such enquiry has been conducted and a report has been submitted, which is now with the records. Now, going through the same, we find in the enquiry the appellant was found to be juvenile on the date of occurrence being below the age of 18 years and on that day he was 17 years 1 month and 9 days.

(3.) The findings of the learned CJM, Alipore has not been disputed from the side of the State.