AJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) DATE : 11 -02 -2014 This is an Appeal preferred by the solitary appellant convicted for the offence under Section 307/34 of the Indian Penal Code and sentence to undergo rigorous imprisonment for five years as awarded on 30th May 2002 by learned 2nd Additional Sessions Judge, Fast Track Court, Patna in Sessions Trial No. 776 of 1992/458 of 2001 arising out of Kadamkuan (Kankarbagh) P.S. Case No. 48 of 1992 dated 18th January 1992.

(2.) AFTER some argument, learned counsel for the appellant chosen not to challenge the conviction but confined his submissions on the point of sentence mainly on the grounds of mental agony, financial loss suffered for the last about 22 years in a petty matter besides brief detention pre and post conviction stage and that apart it was pointed out that on the date of occurrence i.e. 18 th January 1992, the appellant was aged about 15 years as is evident from the age given in the judgment i.e. 25 years. Based on his statement recorded on 3rd May 2002 wherein though the appellant has stated his age 21 years but the trial Court estimated 25 years. Though in view of the prevailing law at the relevant time, he could not have been declared juvenile but the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as "the Act"), the appellant deserves the benefit but in absence of any contact with the appellant learned counsel is not in a position to file any application or produced any other material.

(3.) HAVING regard to the facts and circumstances, including time lapsed and anticipating lapses of some more time for no positive result, sentence of the appellant is reduced as undergone.