R.Bhattacharyya, J. - (1.) The appellants, Bablu & Anarul Sheikh, who have suffered a conviction and sentence under section 302/34 of the Indian Penal Code, 1860, for having committed the murder of Manirul Haque on 21.11.83 at about 7.30 a.m., have come up in Appeal challenging the propriety and legality of the conviction and sentence.
(2.) Mr. Talukdar, the learned Advocate, appearing in support of the Appeal before addressing ourselves to the merit of the Appeal has taken us through the judgement and the examination of the accused, in particular, Bablu Sk recorded by the learned trial Judge to indicate that the appellant was prima facie a minor as on the date of occurrence dated 21.11.83.
(3.) It is glaring from his examination recorded under section 313 of the Cr. P.C. on 16.12.91 that he was 22 years of age.;