SUBHASH DAS S/O LT. GHANA RAM DAS, R/O DWARAKA NAGAR, P.O. & P.S. JALUKBARI, GUWAHATI, DIST Vs. THE STATE OF ASSAM AND 2 ORS REP. BY COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, HOME DEPTT., DISPUR, GHY

JUDGEMENT

(1.) Heard Ms. M. Jain, learned Counsel for the petitioner and Mr. B.J. Talukdar, learned Government Advocate, Assam. Also heard Mr. A. Mannaf, learned Counsel for respondent No.3.

(2.) By filing this petition under article 226/227 of the Constitution of India, petitioner seeks quashing of judgment and order dated 24-06-2015 passed by the Juvenile Justice Board, Morigaon holding the juvenile (respondent No.3) as not guilty of committing an offence under Sections 304/34 Penal Code in GR Case No.15/2014 thereby acquitting him.

(3.) Case of the petitioner is that he is the father of Dhrubajyoti Das, a minor, who died under unnatural circumstances. He had lodged a first information before the Officer-in-Charge, Dharamtul Police Station on 14-11-2014 inter-alia stating that his son Dhrubajyoti Das was taken by his schoolmate Sri Shekhar Bordoloi (respondent No.3) for birthday celebration at his residence at Quarter No. 132/B situated at Maligaon, Guwahati. When his son did not return back home till evening he contacted his son by mobile phone and came to know that Sri Shekhar Bordoloi would not allow his son to return home on that day. When he called again at 4PM, one lady told him that his son would remain with them on that day. Thereafter, the mobile of his son was found switched off. Informant went to the quarter where he found father of Sri Shekhar Bordoloi, Sri Durga Singh Bordoloi, who told the informant that his son was taken by Shekhar's uncle Sri Gopeswar Bordoloi. Though he gave a mobile phone number, communication through the same could not be made. Informant stated that Sri Gopeswar Bordoloi came to their residence on the next morning at around 9AM and informed that his son was required to be brought from Dharamtul. Informant went to the Dharamtul Police Station and there he learnt that his son had died. Informant alleged that his son was killed and attempt was made to pass off the same as an accident.