MADAN PRODHAN ALIAS MUNNA Vs. STATE OF WEST BENGAL
LAWS(CAL)-1976-1-39
HIGH COURT OF CALCUTTA
Decided on January 07,1976

MADAN PRODHAN ALIAS MUNNA Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Purna Chandra Borooah, J. - (1.)The appellant, Madan Pradhan alias Munna, was tried along with one Kartick Debnath before Shri M. R. Mallick, Additional Sessions Judge, Sixth Court, Alipore on a charge under section 302/34 of the Indian Penal Code on the allegation that the appellant with the other accused person had on March 24, 1973 at Turf Road, within Police Station Bhowanipur, in Calcutta committed murder by intentionally or knowingly causing the death of one Ramlal Nath in furtherance of the common intention of them both.
(2.)The learned Judge by an order dated Oct. 12, 1974 found both the appellant and the other accused person guilty of the charge under section 302/34 of the Indian Penal Code and sentenced each of them to suffer imprisonment for life.
(3.)Mr. Nalin Chandra Banerjee, learned senior Advocate appearing on behalf of the appellant, has submitted before us that the trial of the appellant who was a 'Juvenile delinquent' within the meaning of section 2(h) of the West Bengal Children Act, 1959 (hereinafter referred to as the Act) along with Kartick Debnath who was an adult was clearly barred under section 28(1) of the said Act. As such, the trial and the conviction is without jurisdiction.
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