- (1.) The present appellant Sk. Ismail and 11 others were placed on trial before the learned Additional District and Sessions Judge, 2nd Court, North 24-Parganas at Barasat to answer charge under Section 120B IPC, 302/120B IPC and under Section 302/34 IPC. During the trial one of the accused Bachhan turned approver while the accused Babu Lal Sharma expired. After conclusion of the trial the Trial Court found the appellant and five others guilty under Section 302/120B IPC and sentenced them to suffer imprisonment for life and to pay a fine of Rs. 2,000/- each, in default R.I. for two years. The Trial Court acquitted four others and released the accused Bachhan who turned approver and was tendered pardon.
(2.) The appellant Sk. Ismail challenged his conviction and sentence as aforesaid by preferring the instant appeal. Whereas the other convicts preferred separate appeals on their behalf.
(3.) In connection with the aforesaid appeal the appellant moved an application for suspension of sentence under Section 389 of the Code of Criminal Procedure read with Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000. When in support of such application, amongst other, it was urged that on the date of the commission of the alleged offence, i.e. on August 13, 2001 on the date of the alleged incident the appellant was below the age of 18 years and a juvenile in conflict with law. The said application being moved, this Court while rejecting the appellant's prayer for suspension of sentence directed the Trial Court to hold an enquiry under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 for determination of the age of the appellant on the date of the alleged incident. ;