Order

By this Writ Petition under Article 32 of the Constitution, the petitioners, who are the parents of the appellant in Criminal Appeal No. 824 of 2002, question the legality of the death sentence imposed on the appellant by the Additional Sessions Judge, Dehradun which was confirmed by the High Court on reference made to it and further confirmed by this Court on the appeal filed by the appellant. The petitioners prayed for quashing the death sentence on the ground that the appellant was a juvenile on the date of the commission of the offence i.e. 15.11.1994. According to the school certificate produced as ‘additional evidence’ along with this petition, his date of birth is 04.01.1980. It transpires that along with the memorandum of appeal, the appellant did file two certificates dated 28.04.2001 and 02.08.2002 issued by School authorities in West Bengal to the same effect but they were not brought to the notice of the Bench at the time of hearing of the appeal. It is not known whether it formed part of the relevant record furnished by the Registry to the amicus curiae who pleaded the case of the appellant. It is on the basis of this material that the learned ­counsel for the pet