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2023 Supreme(Pat) 238
CHAKRADHARI SHARAN SINGH and RAJIV ROY, JJ.
Criminal Appeal (DB) No.759 of 2015
(3.4.2023)
Md. Bittu @ Wasim Akram ... Appellant
vs.
State of Bihar ... Respondent
For the Appellant : M/s Vikram Deo Singh, Braj Bhushan Poddar.
For the Respondent: Smt. S.B.Verma, APP.
For the Informant : M/s Mritunjay Kumar, Arjun Prasad.
Headnote:
Indian Penal Code, 1860 – Sections 302/149, 364/149, 201/149 and 120B/149 – Juvenile Justice Board (Care and Protection of Children) Act, 2000 – Section 6 – Kidnapping, murder, conspiracy and disappearance of evidence – Common object – Conviction and sentence – Four persons arrested were separately interrogated – They made their separate confessional statements, one by one, leading to recovery of dead body of deceased – Investigating Officer had recovered blood stained towel, a pair of slippers, white colour muffler and a piece of shirt which deceased was wearing – Recovery of dead body of deceased and other articles were made on the basis of confessional statement of co-accused – Finding of conviction as recorded by Trial Court cannot be faulted with – Appellant was a juvenile on the date of commission of offence – Conviction upheld but sentence set aside. (Paras 40, 42, 43, 44, 51, 52 and 52)
Chakradhari Sharan Singh, J.—The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure against the judgment and order dated 6.7.2015 and 15.7.2015 passed by the learned Trial Court in Sessions Trial No. 429 of 2013, whereby and whereunder the appellant Md. Bittu @ Wasim Akram has been convicted and sentenced as under:
| Convicted under Sections | Imprisonment | Fine (Rs.) | In default of fine |
| 364/149 of the I.P.C. | Imprisonment for life | 5,000/- | S.I. for one year |
| 120-B/149 of the I.P.C. | Imprisonment for life | 5,000/- | S.I. for one year |
| 302/149 of the I.P.C. | Imprisonment for life | 5,000/- | S.I. for one year |
| 201/149 of the I.P.C. | R.I. for seven years | 5,000/- | S.I. for one year |
| Section 27(1) of the Arms Act | R.I for three years | 5,000/- | S.I. for one year |
2. This appellant, during the pendency of this appeal, had claimed his juvenility as on the date of occurrence by making an application vide Interlocutory Application No. 1 of 2022. This appeal was earlier taken up along with batch of other criminal appeals, namely, Criminal Appeal (DB) No.790 of 2015 (Md. Chand @ Chandelwa @ Chand Miyan and Addu Mian @ Md. Azad @ Addu @ Md. Azad Miyan @ Md. Ajad vs. The State of Bihar), Criminal Appeal (DB) No. 716 of 2015 (Saukat Miyan vs. The State of Bihar), Criminal Appeal (DB) No. 779 of 2015 (Md. Abdul Rajjak @ Nepali @ Abdul Rajjak @ Nepali Miyan vs. The State of Bihar), Criminal Appeal (DB) No. 810 of 2015 (Md. Yunus @ Md. Yunis vs. The State of Bihar), Criminal Appeal (DB) No. 349 of 2016 (Barkat Mian vs. The State of Bihar) and Criminal Appeal (DB) No. 1260 of 2016 (Perwej Alam @ Perwez Mian vs. The State of Bihar) arising out of the same judgement and order of the learned Trial Court, which is under challenge in the present appeal, namely.
3. As the appellant claimed his juvenility, the present appeal was separated for the purpose of final hearing, whereas other appeals were heard and came to be disposed of by common judgement and order dated 11.10.2022. In the present appeal, upon considering the appellant’s claim of his juvenility and other documents, which were produced earlier, this Court, had passed the following order on 15.11.2022 by referring the question of the appellant's juvenility to the Juvenile Justice Board, Begusarai (henceforth for short ‘the J.J. Board’) for determination:—
“An Admission Register of Primary School, Chakia, Punarbas, Barauni, Begusarai, has been produced by the State before this Court in compliance of this Court's order dated 28.7.2022.
Considering the facts and circumstances, it is considered desirable to refer to the Juvenile Justice Board, Begusarai, to determine the appellant’s claim of his juvenility, who has been convicted by the Trial Court in connection with Barauni (Chakia) P.S. Case No. 443 of 2012, giving rise to Sessions Case No. 429 of 2013 and is presently in custody in Jubba Sahani Central Jail, Bhagalpur.
Let the order be communicated to the Juvenile Justice Board, Begusarai, and the Superintendent, Jubba Sahani Central Jail, Bhagalpur, forthwith for making necessary arrangement and expediting appellant’s claim that he was a juvenile on the date of occurrence, i.e., 9.12.2012.
List this appeal on receipt of the finding of Juvenile Justice Board in terms of the aforesaid order. Let the admission register be returned to learned State counsel.”
4. This Court has received a report from the learned Principal Magistrate, ‘the J.J. Board’ through letter no. 2448 dated 25.11.2022, the relevant portion of which reads as under:—
“After perusal of admission register of Utkramit Madhya Vidyalay, Chakiya Punarvas, Barauni and taking inquiry evidence of the head master of school concerned, this board satisfied that the admission register produced and exhibited is genuine one and kept in proper custody of school. The entries a
