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2016 Supreme(Gau) 678
GAUHATI HIGH COURT
Ujjal Bhuyan, J.
Subhas Das - Appellant
Versus
State of Assam & Ors. - Respondent
WP(Crl) No.13 of 2015
Decided On : 12-07-2016
For the Appellant : Ms. M. Jain and Mrs. S.D. Deka, Adv.
For the Respondent:Mr. B.J. Talukdar, Mr. A. Mannaf, Mr. A.B. Akand and Ms. F. Begum, Advs.
Headnote:
Indian Penal Code, 1860 - Sections 304/34 – Code of Criminal Procedure, 1973 - Section 313 - Quashing of judgment and order - Guilty of committing an offence - Informant went to the Police Station and there he learnt that his son had died - Informant alleged that his son was killed and attempt was made to pass off the same as an accident , was treated as FIR and on the basis of the same, police case was registered - Held, State Government, in coordination with the Central Government, has to prepare the said scheme for providing fund for the purpose of payment of compensation to the victims, their legal heirs and dependents - To show that victims of juvenile offence are excluded from the benefit of the said provision - It is an all-encompassing provision dealing with compensation to the victims of crime, be it committed by a juvenile or by a non-juvenile - That being the position, court is of the view that the present case would be covered by section - Since the enquiry has ended in the acquittal of the juvenile, which finding has been affirmed by this court, it would be appropriate that a recommendation is made to the State Legal Services Authority for payment of compensation to the guardian of the victim as per the scheme prepared by the State Government and having regard to the law declared by the Supreme Court - Petition disposed of.
2. By filing this petition under article 226/227 of the Constitution of India, petitioner seeks quashing of judgment and order dated 24.6.2015 passed by the Juvenile Justice Board, Morigaon holding the juvenile (respondent No.3) as not guilty of committing an offence under sections 304/34, IPC in GR Case No. 15/2014 thereby acquitting him.
3. Case of the petitioner is that he is the father of Dhrubajyoti Das, a minor, who died under unnatural circumstances. He had lodged a first information before the Officer-in-Charge, Dharamtul Police Station on 14.11.2014 inter-alia stating that his son Dhrubajyoti Das was taken by his schoolmate Sri Shekhar Bordoloi (respondent No.3) for birthday celebration at his residence at Quarter No. 132/B situated at Maligaon, Guwahati. When his son did not return back home till evening he contacted his son by mobile phone and came to know that Sri Shekhar Bordoloi would not allow his son to return home on that day. When he called again at 4PM, one lady told him that his son would remain with them on that day. Thereafter, the mobile of his son was found switched off. Informant went to the quarter where he found father of Sri Shekhar Bordoloi, Sri Durga Singh Bordoloi, who told the informant that his son was taken by Shekhar's uncle Sri Gopeswar Bordoloi. Though he gave a mobile phone number, communication through the same could not be made. Informant stated that Sri Gopeswar Bordoloi came to their residence on the next morning at around 9 a.m. and informed that his son was required to be brought from Dharamtul. Informant went to the Dharamtul Police Station and there he learnt that his son had died. Informant alleged that his son was killed and attempt was made to pass off the same as an accident.
4. On receipt of the first information, the same was treated as FIR and on the basis of the same, police case was registered, being Dharamtal PS Case No.6/2014 under sections 120(B)/302, IPC. Subsequently, police submitted charge-sheet against respondent No.3 and others under sections 304/34, IPC on the basis of which GR Case No. 15/2014 was registered. Since Sri Shekhar Bordoloi took the plea of juvenility, his case was transferred to the Juvenile Justice Board, Morigaon.
5. The case was enquired into by the Juvenile Justice Board (Board) Prosecution side examined as many as 16 witnesses. Thereafter the juvenile was examined under section 313, Cr.PC. However, on behalf of the juvenile, no evidence was adduced. After hearing the rival submissions and considering the materials on record, the Board passed the judgment and order dated 24.6.2015 holding that prosecution witnesses had failed to implicate the juvenile under sections 304/34 IPC and accordingly granted benefit doubt to the juvenile (respondent No 3). He was, thus, acquitted.
6. Aggrieved, present writ petition has been filed seeking the relief as indicated above.
7. Ms. M. Jain, learned counsel for the petitioner has strenuously argued that firstly there was poor investigation by the police resulting in filing of defective charge-sheet. Call record details of the victim were no: placed before the Board. Post-mortem report had disclosed the cause of death as axphysia, hypo-volumic shock and circulatory failure as a result of 70% burn injuries with description of burns given. Shockingly post mortem report was not exhibited. The story put out on behalf of the juvenile that the victim along with three other juveniles were sleeping inside a Bhelaghar and when the Bhelaghar caught fire, the other three juveniles managed to save their lives but the deceased could not, is an unbelievable story as none of the surviving juveniles sustained any injury on their person. Finding of the Board that the chain of circumstance was neither completed nor conclusive to hold the juvenile guilty is w
