DIPAK NAMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant criminal appeal is filed by the appellant, challenging the judgment dated 29-6-2005 passed by learned Addl. Session Judge, North Tripura, Dharmanagar in Case No. ST 57 (NT/D) of 2004 and the order of sentence dated 30-6-2005 in the aforesaid Sessions Trial case wherein after considering the evidence on record the appellant was convicted under S. 302, I.P.C. and sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/-, i.e. to make payment of fine to suffer further RI for six months. Heard Mr. S. Chakraborty, learned counsel for the appellant as well as Mr. D. Sarkar, learned Public Prosecutor for the State-respondent.

(2.) When the appeal was pending a plea of juvenility was taken up by the appellant in a criminal miscellaneous case being No. Crl. Misc. Case No. 95/2012, wherein he also prayed for adducing additional evidence to prove his plea of juvenility. This Court vide order dated 5-6-2012 in the aforesaid Crl. M. Application directed the learned Addl. Sessions Judge, North Tripura, Dharmanagar to submit his report after conducting a proper inquiry on the plea of juvenility of the convict appellant. In the said order it was also mentioned that at the time of inquiry, learned Addl. Sessions Judge would also examine the Head Master of the Pearacherra TE High School who had issued the certificate dated 23-12-2011. The learned Addl. Sessions Judge was also directed to examine the Admission Register of the School relating to the convict-appellant or any other document as he thinks fit and proper for deciding the issue.

(3.) In terms of the order dated 5-6-2012 of this Court, the learned Addl. Sessions Judge submitted his report on 25th June, 2012 along with the photocopy of the Admission Register as well as the statements of the Head Master Md. Abdul Mumin who was examined on 14-6-2012.