Kishore Kumar Prasad, J. - (1.) Pursuant to the judgment and order passed by us on 12.05.2008 affirming the conviction of the four appellants for the offence punishable under section 302 read with section 34 of Indian Penal Code, this appeal was kept part-heard as regards the sentence against the two appellants namely. Tapan Panchal and Swapan Panchal who claimed themselves as juvenile on the date of incident that is on 10th July, 1990 by filing an application before this Court.
(2.) By order dated 12.05.2008, a report was called from the learned Trial Court in relation to the age of these two appellants on the date of occurrence after giving opportunity to the parties to adduce evidence in accordance with law. Liberty was also given to the learned Trial Court to refer these two appellants to the Medical Board or the Civil Surgeon as the case may be for obtaining creditworthy evidence about their age.
(3.) In terms of the said order, an inquiry was conducted by the learned Trial Court and the learned Trial Court after considering the evidence both oral and documentary coupled with age of estimation report of the Medical Superintendent-cum-Vice Principal, LP.G.M.E.R., SSKM Hospital, Kolkata, passed an order on 31.10.2008 according to which these two appellants were below 18 years of age on the date of occurrence that is on 10th July, 1990.;