SHYAM PADO MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant - Shyam Pado Mandal, who, having been convicted under Sections 302 /34 read with Sections 307 /34 of the Indian Penal Code was sentenced for rigorous imprisonment for life along with a fine of Rs. 10,000/- under Sections 302 /34 of the Indian Penal Code, in default of payment of fine he is to further undergo six months rigorous imprisonment. So far as Sections 307 /34 of the Indian Penal Code is concerned, he was sentenced to five years rigorous imprisonment and a fine of Rs. 5000/-, in default of payment of fine, he shall further undergo rigorous imprisonment of three months, both the sentences shall run concurrently, after serving about nine years of his sentence, claimed himself to be a juvenile on the date of commission of offence in this Court, during pendency of this appeal. He also filed an application under Section 7-A read with Section 49 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (here-in-after referred to as the Act) praying for his remand to the Juvenile Justice Board, Seraikella-Kharsawan for the purpose of holding an inquiry regarding his juvenility and for further proceeding thereafter in accordance with law.

(2.) Vide order dated 24.7.2013, the matter was referred to the Juvenile Justice Board, Seraikella-Kharsawan for determination of the age of the appellant and submission of report. The report dated 14.8.2013 was thereafter submitted holding the appellant to be a juvenile. On the basis of the report of the Board, the age of the appellant, on the date of occurrence, comes to 14 to 17 years.

(3.) On receipt of the said report of the Board, learned counsel for the appellant prayed for passing order in accordance with law.