MD.RAHAM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 9.4.2007, passed by the learned Addl. Sessions Judge, (FTC), Lakhimpur, in Sessions Case No.86(NL)/2000, convicting the accused- appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and pay fine of Rs.1,000/- and, in default of payment of fine, undergo rigorous imprisonment for a period of six months.

(2.) WE have heard Mr. P. Katakey, learned Amicus Curiae, and Mr. Z.Kamar, learned Public Prosecutor, Assam.

(3.) THU, the conviction of the accused-appellant, under Section 302 IPC, by the learned trial Court, is wholly illegal and cannot be sustained. If the accused-appellant was a juvenile on the date of alleged occurrence, his case has to be tried in accordance with law contained in that behalf and if he was not a juvenile, then and then only he could have been tried and convicted in the manner as has been done .