Patna High Court - Orders
Umesh Guru vs The State Of Bihar on 20 February, 2017
Author: Kishore Kumar Mandal
Bench: Kishore Kumar Mandal, Sanjay Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (DB) No.548 of 2015
Arising Out of PS.Case No. -17 Year- 2012 Thana -VALMIKINAGAR District-
WESTCHAMPARAN(BETTIAH)
======================================================
1. Umesh Guru, aged about 21 years, Son of Late Bholi Guru Resident of
village - Daruwawari, P.S. Valmiki Nagar, District - East Champaran
.... .... Appellant/s
Versus
1. The State of Bihar
.... .... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Saket Tiwary
For the Respondent/s : Mr. A.Sharma(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
MANDAL
and
HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL)
9 20-02-2017Ref.: I.A. No.1509 of 2016 Heard both sides.
The appellant, on trial, was held guilty under Section 302, 307 of the Indian Penal Code and sentenced R.I. for life under Section 302, besides imposition of fine with default clause.
The judgment of conviction was recorded against him on 27.06.2014. The date of occurrence is 04.08.2012. The appeal was preferred by the petitioner on 23.07.2015, which was admitted to hearing. After one year, the present interlocutory application has been filed claiming juvenility Patna High Court CR. APP (DB) No.548 of 2015 (9) dt.20-02-2017 2/3 stating that the appellant was juvenile in conflict with the law on the date of occurrence (04.08.2012). In support thereof, he relies on Annexure-1 which is the transfer certificate issued by the Headmaster of Government Upgraded Middle School, Daruabari. By filing supplementary affidavit, he has enclosed the copy of the same document attested by the Block Education Officer, Bagaha-2. Referring to the judgment, it is stated that he was assessed 21 years of age by the learned trial court.
Mr. A. Sharma, learned APP for the State, on the other hand, submits that in the statement of the appellant recorded on 17th May, 2014 under Section 313 of the Code of Criminal Procedure, the appellant himself disclosed his age as 21 years whereas, the court also assessed his age as 21 years.
Be that as it may, considering the fact that the claim of juvenility has been raised as also the relevant provisions of the Juvenile Justice Act, 2000, which permits such claim to be raised at any stage of the proceeding, we are inclined to direct an enquiry to be made on the claim of the appellant by the concerned Juvenile Justice Board.
Let the copy of the interlocutory application, the supplementary affidavit as well as a photo copy of the statement of the appellant recorded under Section 313 of the Patna High Court CR. APP (DB) No.548 of 2015 (9) dt.20-02-2017 3/3 Code of Criminal Procedure be transmitted to the learned Juvenile Board for initiating an enquiry and record the finding on his claim and forward the same to this Court as quickly as possible preferably within four (04) months from the date of receipt/ production of a copy of this order and the documents noted above.
(Kishore Kumar Mandal, J) (Sanjay Kumar, J) ajaypd./-
U T