SATISH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been preferred against following judgment and orders:--

(2.) We have heard counsel for the respondent State who submitted that there is no illegality committed by the Additional Sessions Judge, Fast Track Court, Latehar in convicting these appellants especially in view of Section 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000 and for quantum of punishment they have been rightly referred to the Juvenile Justice Board, Latehar. It is further submitted by the State that as per Section 20 of the Act of 2000, even after the juveniles and persons who are other than juvenile are tried together, for quantum of punishment matter can be referred to the Juvenile Justice Board. It is further submitted by the counsel for the State that the allegation levelled against these writ petitioners are of murder as well as for injuring the life of a person and therefore, these petitioners have been convicted for the offences punishable under Sections 302/34, 148, 307/34 I.P.C. and therefore, this court may not entertain this writ petition.

(3.) Having heard counsel for both sides and looking to the facts and circumstances of the case, we, hereby, quash and set aside the judgment dated 17/22nd June, 2005 (Annexure-1 to the memo of the writ petition) delivered by Additional Sessions Judge, Fast Track Court, Latehar in Sessions Case Nos. 172 of 1989 and 172-A of 1989 so far as these petitioners are concerned and consequently judgment dated 12th July, 2005, passed by the Additional Chief Judicial Magistrate, Latehar in S.T. Case No. 172 of 1989/Juveniie Tr. No. 97 of 2005 (Annexure-2 to the memo of the writ petition) and Memo No. 264 dated 7th February, 2006 issued under the seal and signature of the Under Secretary to the Govt. of Jharkhand, Department of Home (Annexure-3 to the supplementary affidavit filed by the petitioners) mainly for the following facts and reasons:--