- (1.) This writ petition under Article 32 of the Constitution of India is filed by the petitioner (Accused No.2, in short 'A-2') to raise the plea of juvenility alleging inter alia that he was juvenile on the date of the commission of offence, i.e., 02.08.1999 and hence entitled to seek issuance of a writ in the nature of Certiorari and Mandamus for setting aside the order of sentence dated 28.06.2004 passed by the Additional Metropolitan Sessions Judge, Hyderabad in Sessions Case No. 93 of 2002 as confirmed by the High Court by judgment/order dated 27.02.2007 in Criminal Appeal No. 1825 of 2004 and by this Court on 08.07.2010 in Criminal Appeal No.435/2008 against him.
(2.) The brief facts of the case to appreciate the short issue involved in the petition need mention infra: (a) Rama Krishana Rao (hereinafter referred to as "deceased") was resident of Bodhan, Nizamabad District. He was running a cycle shop called 'Krishna Shop' and also a theatre. One Azam Ghouri (A-9) (died during the trial) who organized a Tanjeem along with eight persons hatched a conspiracy to snatch away the cash bag of the deceased. In pursuance thereof, on 02.08.1999, Azam Ghouri (A-9) chalked out a plan at Sarbathi Canel Mozque, Bodhan. According to his plan, Maqbool @ Zubair @ Shahnawaz (A-1) will snatch the bag of the deceased, Mohd. Feroz Khan @ Feroz (A-2), petitioner herein, will drive the vehicle so as to facilitate them to escape from the scene after commission of the offence and other seven persons will watch the movements by taking shelter near the shop and house of the deceased. For implementation of their plan, one Abdul Aahth (A-6) arranged a vehicle from his friend (PW-12) and A-9 gave his pistol to A-1. (b) On 02.08.1999, a lorry loaded with spare parts of Hero cycle came to the shop of the deceased and the goods were unloaded into the shop at 10.30 p.m. By that time, the deceased was having second show collections, which was estimated to L 40,000/-. After closing the shop, when the deceased was proceeding to his house, which was only 500-600 feet away, Y. Krishna Mohan (PW-1) was accompanying him to drop him at his house and one Nazar Khan (PW-3) and Habeeb Khan were following him and all of them were going on foot. Suddenly A-1 intercepted and demanded the bag from the deceased and when the deceased tried to resist, A-1 opened fire from the pistol at the deceased thrice, snatched the bag and ran away. Due to that, the deceased fell down. PW-1, wife of the deceased (PW-2) and the daughter of the deceased took the deceased to Santhan Nursing Home where the doctors declared him dead. Thereafter PW-1 went to the Police Station at about 11.50 p.m. and gave a complaint (Ex. P-1) to the sub-Inspector of Police and on the basis of it, a case was registered in Crime No.220 of 1999 under Sections 120-B, 302 and 396 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC') and Section 25 of the Arms Act, 1959 against the accused persons. The investigation in the case was completed and the charge-sheet was filed by the Investigating Officer. After recording of evidence, by order dated 28.06.2004, the Additional Metropolitan Sessions Judge, Hyderabad found the accused persons guilty of the offences charged and convicted the petitioner herein under Section 235(2) of the Criminal Procedure Code 1973 (hereinafter referred to as 'the Cr.P.C.') for the offence punishable under Section 302 read with Section 109 IPC and sentenced him to suffer imprisonment for life and to pay a fine of L 1000/-, in default to suffer 6 months simple imprisonment.
(3.) Challenging the said order, the petitioner herein (A-2) along with other accused filed appeals before the High Court. The High Court by order dated 27.02.2007 in Crl. A. No. 1825 of 2004 upheld the judgment and order passed by the Additional Metropolitan Session Judge, Hyderabad.;