This case involves an appeal against a judgment and order passed by the Addl. Sessions Judge-1, Munger, in Sessions Trial No. 31 of 2004. The appellant, Niranjan Yadav, was found guilty of offenses punishable under sections 307 and 323 of the Indian Penal Code and Section 27 of the Arms Act. He was sentenced to rigorous imprisonment for ten years with a fine and simple imprisonment for other offenses.
Prosecution Story:
The prosecution's case, based on the informant's statement, is that on May 9, 1997, a quarrel occurred when the informant's aunt protested a slogan. The accused persons, including Niranjan Yadav, surrounded her and assaulted her. The informant and his brother were injured during the incident.
Charges:
The FIR was lodged against seven accused persons for offenses punishable under sections of the Indian Penal Code and the Arms Act. The charges included sections 341, 323, 324, 337, 307 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.
Court's Decision:
The Trial Court found only the Appellant, Niranjan Yadav, guilty under sections 307 and 323 of the Indian Penal Code and Section 27 of the Arms Act and sentenced him accordingly. Other co-accused were acquitted.
Appellant's Plea of Juvenility:
During the appeal, the Appellant claimed juvenility, stating he was below 18 years of age on the date of the occurrence. The Juvenile Justice Board found him to be a juvenile.
Legal Reasoning and Court's Observations:
The court considered the provisions of the Juvenile Justice Act, 2000, and various judgments of the Supreme Court. It was noted that the Appellant was found to be a juvenile and had already undergone imprisonment for over three years. The court set aside the impugned judgment of conviction and sentencing order.
Read the full judgement Below;
https://patnahighcourt.gov.in/viewjudgment/MjQjMTQ0NiMyMDIyIzEjTg==-k4eFBcaCzHo=
