MUFIJUL HUSSAIN Vs. STATE

JUDGEMENT

(1.) Pursuant to the judgment and order passed by us on 6th January 2009 affirming the conviction of the four appellants, namely, Mafijul Hossain, Karma @ Karam Sheikh, Bhadu Sheikh and Bhola Sheikh @ Ekramul for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, this appeal was kept part-heard as regards the sentence against the appellant Bhola Sheikh @ Ekramul who claimed to have been a juvenile on the date of incident that is on 9th June 1984.

(2.) By our order dated 6th January, 2009, the learned Chief Judicial Magistrate, Malda was directed to hold an enquiry as regards the age of the appellant Bhola Sheikh @ Ekramul on the date of incident after giving opportunity to the parties to lead evidence in accordance with law. Liberty was also given to the learned Chief Judicial Magistrate, Malda to refer this appellant to the Medical Board the Civil Surgeon as the case may be for obtaining credit worthy evidence above his age.

(3.) In terms of the said order, an enquiry was conducted by the learned Chief Judicial Magistrate. Malda and in course of said enquiry; evidence both oral and documentary was adduced on behalf of this appellant and that apart, this appellant was also examined by the Medical Board on 20.1.2009 at the office of Superintendent, District Hospital. Malda.