Patna High Court - Orders
Ram Kishun Singh Yadav And Ors vs State Of Bihar on 29 March, 2018
Bench: Chief Justice, Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (DB) No.191 of 1995
Against the judgme nt and orde r dated 01.07.1995 passed by Sri Devi
Dayal Prasad, 9th Additional Sessions Judge, Ara in Sessions Trial No.
45 of 1992.
======================================================
Sipahi Singh & Ors
.... .... Appellant/s
Versus
State of Bihar
.... .... Respondent/s
======================================================
with
Criminal Appeal (DB) No.209 of 1995
Against the judgment and order dated 01.07.1995 passed by Sri Devi
Dayal Prasad, 9th Additional Sessions Judge, Ara in Sessions Trial No.
45 of 1992.
======================================================
Ram Kishun Singh Yadav And Ors
.... .... Appellant/s
Versus
State of Bihar
.... .... Respondent/s
======================================================
with
Criminal Appeal (DB) No.216 of 1995
Against the judgment and order dated 01.07.1995 passed by Sri Devi
Dayal Prasad, 9th Additional Sessions Judge, Ara in Sessions Trial No.
45 of 1992.
======================================================
Devendra Singh Yadav
.... .... Appellant/s
Versus
State of Bihar
.... .... Respondent/s
======================================================
with
Criminal Appeal (DB) No.728 of 2014
Arising Out of PS .Case No. -159 Year- 1993 Thana -BHOJPUR COMPLAINT CAS E District-
BHOJPUR
======================================================
Akshay Kumar Yadav & Ors
.... .... Appellant/s
Versus
The State of Bihar
.... .... Respondent/s
======================================================
with
Patna High Court CR. APP (DB) No.191 of 1995 (6) dt.29 -03-2018
2/4
Criminal Appeal (DB) No.812 of 2014
Arising Out of PS .Case No. -159 Year- 1993 Thana -BHOJPUR COMPLAINT CAS E District-
BHOJPUR
======================================================
Daroga Yadav
.... .... Appellant/s
Versus
The State of Bihar
.... .... Respondent/s
======================================================
Appearance:
(In CR. APP (DB) No.191 of 1995)
For the Appellant/s : Mr. Ram Chandra Singh,
Mr. Surya Bansh Roy and
Mr. Sushil Kumar Singh, Advoctes.
For the Respondent/s : Mr. Abhimanyu Sharma, A.P.P.
(In CR. APP (DB) No.209 of 1995)
For the Appellant/s : Mr. Vindhya Keshari Kumar, Sr. Advocate,
Mr. Surya Bansh Roy, Mr. Sushil Kr. Singh,
Mr. Ram Chandra Singh and
Mr. Ravi Shankar Pathak, Advocates.
For the Respondent/s : Mr. Mayanand Jha, A.P.P.
(In CR. APP (DB) No.216 of 1995)
For the Appellant/s : Mr. Vindhya Keshari Kumar, Sr. Advocate,
Mr. Surya Bansh Roy, Mr. Sushil Kr. Singh,
Mr. Ram Chandra Singh and
Mr. Ravi Shankar Pathak, Advocates.
For the Respondent/s : Mr. Ajay Mishra, A.P.P.
(In CR. APP (DB) No.728 of 2014)
For the Appellant/s : Mr. Sunil Kumar, Advocate.
For the Respondent/s : Mr. Abhimanyu Sharma and
Mr. S.B. Verma, A.P.P.
(In CR. APP (DB) No.812 of 2014)
For the Appellant/s : Mr. Sunil Kumar, Advocate.
For the Respondent/s :
Mr. Abhimanyu Sharma,
Mr. S.B. Verma and
Mr. Dilip Kumar Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
Patna High Court CR. APP (DB) No.191 of 1995 (6) dt.29 -03-2018
3/4
6 29-03-2018During the course of hearing of the matter it was pointed out to us that appellant Binder Singh Yadav in Cr. Appeal (DB) No. 191 of 1995 and appellant Umesh Singh Yadav in Cr. Appeal (DB) No. 209 of 1995 were juveniles at the time of trial and commission of offence and, therefore, their conviction by the court on this ground itself may be unsustainable.
Learned counsel referred to the statement recorded U/S 313 Cr.P.C. in the case of Binder Singh Yadav on 14.02.1994 wherein his age was recorded as 18 years and if any offence was committed on 28.07.1991 then prior to 28.07.1991 and at the time of commission of the offence in the year 1991, this appellant would be about 15 years of age. Similarly, at the time of recording statement U/S 313 Cr.P.C. of appellant Umesh Singh Yadav in Cr. Appeal (DB) No. 209 of 1995, he was only 20 years of age and even that be correct then on the date of occurrence of offence on 28.07.2017 he would be only 16 years of age.
Prima facie, there being a question of the plea of treating them juveniles before proceeding to hearing it would be appropriate to cause an enquiry with regard to the age of these appellants on the date of the offence.
Accordingly, we direct the office to forward the records pertaining to the age of these appellants, namely, Binder Patna High Court CR. APP (DB) No.191 of 1995 (6) dt.29 -03-2018 4/4 Singh Yadav in Cr. Appeal (DB) No. 191 of 1995 and Umesh Singh Yadav in Cr. Appeal (DB) No. 209 of 1995 to the District & Sessions Judge, Ara within three days from today and the District & Sessions Judge shall refer the matter to the District Juvenile Justice Board and submit a report to this Court after making an enquiry on or before 17.04.2018.
List the matter on 17.04.2018 for further hearing on appeals.
That apart, learned counsel for the State to call for a report from the authorities concerned with regard to appellant Daroga Yadav in Cr. Appeal (DB) No. 812 of 2014 and indicate to this Court as to whether he is still alive or not.
Similar report be also called for with regard to appellant Sipahi Singh Yadav in Cr. Appeal (DB) No. 191 of 1995 indicating as to whether he is still alive or not.
List the matter on 17.04.2018.
(Rajendra Menon, CJ)
(Rajeev Ranjan Prasad, J)
Dilip, AR
U T