Gauhati High Court
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GAHC010185472021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/474/2021
SRI SURESH MUNDA @ SURESH SINGKU AND 11 ORS
S/O- SRI MUTAL MUNDA @ MATAI SINGKU
2: SRI RAJEN MUNDA @ RAJEN CHUNDIP
S/O- LATE BIJAY MUNDA @ BIJOY CHUNDIP
3: SRI RUPSING MUNDA @ RUPSING
S/O- LATE SWARUP MUNDA @ SUMBAL CHOWIYA
4: SRI JOYSING MUNDA
S/O- LATE BONGI MUNDA
5: SRI CHELA MUNDA @ CHELA CHAWIYA
S/O- SRI GARDE MUNDA @ GARI CHUWIYA
6: SRI MANTU MUNDA
S/O- LATE BHIM MUNDA
7: SRI DIPAK MUNDA @ DIPAK CHUNDIP
S/O- LATE BIJOY MUNDA @ BIJOY CHUNDIP
8: SRI KANU MUNDA @ KANU CHIDU
S/O- LATE DURGA MUNDA @ DURGA CHIDU
9: SRI KACHUA MUNDA @ KACHUBA MUNDA
S/O- LATE MANDO MUNDA @ MANDAH MUNDA
10: SRI MARKI MUNDA @ MARKI ALADA
S/O- LATE GUNA MUNDA @ GUNA ALADA
11: SRI GANGA MUNDA @ GANGA CHAWIYA
S/O- SRI RUPSING MUNDA @ RUPSING CHOWIYA
12: SRI DIMAN MUNDA
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S/O- LATE BHIM MUNDA
ALL ARE RESIDENTS OF VILL.- JAMNGURI
MUNDAGAON
P.O AND P.S. HOWRAGHAT
DIST.- KARBI ANGLONG
ASSAM
PIN- 782481
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY PUBLIC PROSECUTOR, ASSAM
2:SRI JALESWAR RAM HARIJAN
S/O- LATE KESHAV HARIJAN
RESIDENT OF VILL.- JAMNGURI
MUNDAGAON
P.O AND P.S. HOWRAGHAT
DIST.- KARBI ANGLONG
ASSAM
PIN- 782481
Advocate for the Petitioner : MR. H R KHAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
22.11.2021
(Suman Shyam, J)
Heard Mr. H. R. Khan, learned counsel for the applicants. Also heard Ms.
B. Bhuyan, learned Addl. P.P., Assam, appearing for the State.
The appellants in the connected Criminal Appeal No.42/2020 were
convicted under Sections 147/148/447/324/436/302 read with Section 149 of the
I.P.C. by the common judgment and order dated 07.01.2020 passed by the
learned Sessions Judge, Karbi Anglong, Diphu, in connection with Sessions Case
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No.19/2001 and sentenced to inter-alia undergo rigorous imprisonment for life
and also to pay fine with default stipulation. Aggrieved by the judgment and
order dated 07.01.2020 Criminal Appeal No.42/2020 was preferred by the 12
appellants which is pending disposal before this Court. During the pendency of
the aforesaid Criminal Appeal 8 applicants/appellants have filed I.A. (Crl.)
No.474/2021 raising a plea of juvenility for the first time before this Court at the
appellate stage.
By referring to the materials available on record, Mr. Khan has argued
that it is self evident from the statements of the applicants recorded under
Section 313 Cr.P.C. that they were all minors on the date of occurrence i.e.
29.08.1996 and to such extent, the learned Sessions Judge did not have the
jurisdiction either to try or to convict any of these 8 appellants. Mr. Khan has,
therefore, prayed for referring the matter to the jurisdictional Juvenile Justice
Board with a further prayer to release the 8 applicants/appellants on bail.
Ms. Bhuyan, learned Addl. P.P., has submitted that she would not, in
principle, oppose the prayer to refer the matter to the Juvenile Justice Board for
determination of age of the 8 applicants/appellants but no order releasing
them on bail be passed by this Court until a report is obtained from the
jurisdictional Juvenile Justice Board.
Having heard the submissions of learned counsel for both parties and
taking note of the scheme of Juvenile Justice (Care and Protection of Children)
Act, 2015 we are of the view that before passing any further order in the matter,
opinion of the Juvenile Justice Board, as regards the claim of juvenility of the 8
applicants should be obtained by this Court.
We, therefore, direct that the Juvenile Justice Board, Karbi Anglong,
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Assam, would verify the claim of juvenility of the appellant No.1, Sri Suresh
Munda, appellant No.2, Sri Rajen Munda, appellant No.3, Sri Rupsing Munda,
appellant No.6, Sri Mantu Munda, appellant No.7, Sri Dipak Munda, appellant
No.10, Sri Marki Munda, appellant No.11, Sri Ganga Munda and appellant
No.12, Sri Diman Munda, who have all claimed to be juveniles on the date of
occurrence, and submit a report to this Court.
Since the applicants/appellants are presently lodged in the District Jail at Diphu,
Karbi Anglong, we also direct the Jail Superintendent to make necessary
arrangements for producing the aforesaid 8 applicants before the concerned
Juvenile Justice Board. The learned Juvenile Justice Board to notify the date(s)
of appearance of the aforesaid applicants/appellants along with documents, if
any, required to be produced by them as proof of their age.
Since the applicants are in Jail, hence, we are of the view that the exercise, as
directed by us, should be concluded as expeditiously as possible and a report
be furnished to this Court as regards the findings of the Juvenile Justice Board
within 30 days from today.
Ordered accordingly.
Registry to communicate this order to all the concerned authorities for
necessary compliance.
Let this matter be listed again immediately upon receipt of the report or after 30
days, whichever is earlier.
JUDGE JUDGE
Comparing Assistant
