LALBABU TOSSA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G.N. Sahewalla, learned senior counsel for the appellant and also Mr. P. Bora, learned Public Prosecutor, Assam.

(2.) This appeal under Sec. 374 Cr.P.C. is directed against the judgment and order dated 10.2.2005 passed in Sessions Case No. 21 (s -s)/2003 by the learned Addl. Sessions Judge (F.T.C.) No. (1) Sivsagar whereby the accused appellant was convicted under Sec. 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000, in default, to further imprisonment for four years. Hence, the present appeal.

(3.) The prosecution case in brief is that on 17.6.2002 at about 3.30 PM the accused appellant caused the death of Krishna Tossa at Chinatukura Line in Naharhabi Tea Estate. In this case the appellant has challenged the conviction and sentence solely on the ground that the trial court has no jurisdiction to try this case as the accused appellant was a juvenility and he was required to be tried by a Juvenile Court. The accused appellant has pleaded the same before the learned trial court and in support of the same examined D.W. 1 and produced the school certificate, Ext. KA. The trial court, however, refused to accept the school certificate by a cryptic submission that it is not a reliable document. It is submitted that the accused appellant has appeared in the HSLC Examination and admit card was a proper document in proof of age and, further, the accused appellant did not produce the admit card. The trial court refused to consider the plea of juvenility as defined in the Juvenile Justice Act.