- (1.) This criminal appeal arises out of a judgement and order passed by the learned Additional Sessions Judge, 7th Court, Alipore, South 24-Parganas in Sessions Trial No. 5 (4) 1995, wherein under the appellants, viz. Sakil Ahmed, Sk. Feku and Md. Samsuddin @ Kalia were convicted under Section 302/34 of the Indian Penal Code and sentenced to suffer imprisonment for life with fine and default clause.
(2.) The prosecution case runs as follows; On November 28, 1994 in the early morning a dead body of an unidentified young boy aged about 15/16 years with marks of multiple bleeding injuries on head and face was found lying in a pool of blood on the footpath of Surwady Avenue by the side of the eastern boundary wall of Lady Brabourne College. Those injuries during post-mortem examination were found to be antemortem and homicidal in nature. In course of investigation the said dead body was identified that of one Maqsud Alam and after examining one Nandu Roy, who was an eyewitness to the occurrence the complicity of the appellants were transpired. During further examination on 5.2.1994 police arrested Sakil Ahmed and on the very next day, i.e. on 6.12.1994 two other accuseds Sk. Feku and Md. Samduddin @ Kalia were arrested. The accused Md. Samsuddin @ Kalia made a confession admitting the guilt before a Judicial Magistrate and his such confessional statement was recorded under Section 164 CrPC.
(3.) During the hearing of this appeal a claim of juvenility was raised by all the three appellants and accordingly this Court remanded back the matter to the Trial Court for determination of their age in accordance with the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000. Pursuant to the aforesaid order the Trial Court held an enquiry and found while the appellants Sk. Feku and Sakil Ahmed were juveniles on the date of the alleged incident but the claim of juvenility of the accused Md. Samsuddin @ Kalia was rejected.;