NAGINA RAJBANSHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 23.12.1988, passed by the learned Sessions Judge, Nawadah in Sessions Trial No.5 of 1989 whereby the appellants have been held guilty under Section 302, 364 & 201 of the Indian Penal Code and sentenced to undergo R.I. for life under Section 302, R.I. for ten years under Section 364 and R.I. for three years under Section 201 of the Indian Penal Code. However, the sentences have been ordered to run concurrently.

(2.) Before we proceed on the merits of the case, it is pertinent to note here that while we were proceeding with hearing of these appeals, we noticed that in the judgment under the appeals the age of the appellants have been noted as 18 years in respect of appellant Nagina Rajbanshi and 15 years in respect of appellant, Pappu Rajbanshi @ Ram Balak Rajbanshi which would, prima-facie, make them minors on the date of occurrence. We further found that the appellant Pappu Rajbanshi @ Ram Balak Rajbanshi had taken the plea of juvenility in the trial court. We also noticed from the record that the appellant Pappu Rajbanshi @ Ram Balak Rajbanshi had raised the plea of juvenility before the learned Chief Judicial Magistrate, Nawada and the learned Chief Judicial Magistrate, Nawadah had taken into consideration this fact in his order dated 07.12.1987 while his application for bail was being considered.

(3.) Thus, we thought it appropriate that the Juvenile Justice Board, Nawada(for short 'the Board') should consider the case of both the appellants in respect of their age at the time when the offence is alleged to have been committed. We, thus, by order dated 14.12.2011, directed the Board to hold an enquiry into the matter and send a report to this Court.