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JITENDRA KUMAR
Niranjan Yadav – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J. – Present Cr. Appeal SJ No. 1446 of 2022 has been preferred against the impugned judgment and order dated 28.02.2022 and 05.03.2022 passed by Addl. Sessions Judge-1, Munger, in Sessions Trial No. 31 of 2004 whereby the Appellant was found guilty of offence punishable under section 307 and 323 of the Indian Penal Code and Section 27 of the Arms Act and he was sentenced to undergo rigorous imprisonment for ten years with fine of Rs. 2,000/- and in case of default to pay the fine, additional simple imprisonment for 3 months for the offence under Section 307 of the Indian Penal Code and simple imprisonment of one year under Section 323 of the Indian Penal Code and fine of Rs. 1,000/- and in case of default to pay the fine, additional simple imprisonment for one month.
2. The prosecution story, as emerging from the Fardbeyan of informant, in brief, is that on 09.05.1997 at 7:00 A.M. while the informant’s aunt Janki Devi was returning from her agricultural field after spraying ash on crops and when she reached near the house of Ambika Yadav, he raised the slogan of Jai Bajrangwali to which she protested and a quarrel took place in between them and the accused persons ca
The court confirmed that a claim of juvenility can be raised at any stage, impacting sentencing under the Juvenile Justice Act.
Criminal Law – Murder – On the basis of the inquiry conducted as per our orders, it is found that appellant was a juvenile as on the date of commission of offence. In such circumstances, as the findi....
Juveniles charged with offences must be treated according to juvenile law; failure to do so results in invalidation of convictions and sentences.
An individual assessed to be a juvenile at the time of offence must not be tried as an adult, with their age determination being essential for proper legal proceedings.
The court affirmed the conviction but set aside the sentence for a juvenile offender, imposing a fine instead, in accordance with juvenile justice provisions.
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