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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Istekhar Mian, son of Nijam Pentar – Appellant
Versus
State of Bihar Now Jharkhand – Respondent
JUDGMENT :
Pradeep Kumar Srivastava, J.
1. Heard Mr. Nilesh Kumar, learned counsel for the appellant as well as Mrs. Nehala Sharmin, learned Spl. P.P. for the State.
2. The instant criminal appeal is preferred for setting aside the judgment and order of conviction and sentence passed by Fourth Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial Case No. 25/1991 dated 28.08.1997 whereby and whereunder the appellant has been held guilty for the offence under Section 302 /34 of I.P.C. and sentenced to undergo R.I. for life.
3. Learned counsel for the appellant without touching the merits of the impugned judgment has confined his argument towards the plea of juvenility of the appellant. It is submitted that the date of occurrence of this case was 16.05.1990 and under the Juvenile Justice Act, 1986, the age of the appellant was assessed by the Board of Doctors and a prayer was made before the learned C.J.M. during investigation of this case for medical board examination of the appellant for age assessment and medical examination report was received showing the age of the appellant to be between 16-17 years. It is submitted that since he was not found below the age of 16 year
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