PRODIP BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) In Sessions case No. 63(J-J)/92 accused appellants Shri Prodip Bora and Shri Chandra Bora were; convicted by the Sessions Judge, Jorhat Under Section 304 Part-I read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 3 (three) years and to pay a fine of Rs. 1,000/- in default, further imprisonment for 6 (six) months. The present appeal has been preferred challenging the conviction and sentenced, on number of grounds, but I find that matter can be disposed of on the applicability of Juvenile Justice Act.

(2.) The two brothers were aged about 14 and 15 years when they are convicted and sentenced sifter trial in the year 1994 as incident took-place in the year 1991 and the plea was raised before the Trial Court that in view of the provisions contained in Section 21 trial was bad in law. The learned Sessions Judge, however, dismissed the plea on the ground that serious case like this does not fall within the purview of the Juvenile Justice Act for short Act.

(3.) The matter was considered by this Court in Criminal Appeal No. 28/95 disposed of on 17.2.98 and also in Criminal Appeal No. 16/96 disposed of on 18.8.98. Relying on the relevant provision of the Act and decision of the Apex; Court in the case of Gopinath Ghosh- Vz-the State of West Bengal 1984 Supplementary SCC 228, this Court held that trial of Juivenile by the Court .of Sessions is bad in law and violative of the provisions of the Act. In view of the finding of the learned Sessions Judge, Jorhat, there is no dispute at the bar that at the relevant time, accused appellants will juveniles and no order of sentence for 3 (three) years could have been passed by the Sessions Judge.