JUDGMENT

Ganguly, J. —

1. This case has a chequered background. The facts, therefore, are to be appreciated in their sequence.

2. A criminal case was registered against the petitioner under section 302 IPC, on an FIR lodged by Bani Kant Das (first respondent), elder brother of Bhabani Charan Das (the deceased), in view of the offences committed by the petitioner on 8.3.1992. After investigation and preparation of charge sheet, the case was committed for trial to the Court of Sessions and charges were framed against the petitioner under Sections 302, 323, 325 and 326 of IPC.

3. On 31.3.1998, the Trial Court held the petitioner guilty of murdering four members of Bhabani Charan Das’s family and that all the charges under Sections 302, 323, 325 and 326 of IPC against him were proved beyond all reasonable doubt. The Trial Court also opined that the crime fell within the category of ‘rarest of rare cases’ and the petitioner deserved death penalty.

4. However, the defence raised the plea that at the time of commission of the crime, the petitioner was below 16 years of age. To determine the actual age of the petitioner, Dr. Bhushan Chandra Roy, Associate Professor of Forensic Medicine of