Full Judgment Text
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PETITIONER:
SUSHIL CHOWDHARY AND ORS.
Vs.
RESPONDENT:
STATE OF BIHAR
DATE OF JUDGMENT06/09/1979
BENCH:
KRISHNAIYER, V.R.
BENCH:
KRISHNAIYER, V.R.
SHINGAL, P.N.
CITATION:
1980 AIR 1716 1980 SCR (1) 587
1979 SCC (4) 488
ACT:
Sentencing process-Sentence for aged persons and
youthful offenders-Sections 354(3), 360 and 365 Crl. P.C.,
1973.
HEADNOTE:
Dismissing the appeal by special leave, the Court
^
HELD: 1. Having due regard to the age of the accused
Munni Marandi and to the absence of any overt act, a
sentence of two years R.I. would, in the circumstances of
his case meet the ends of justice for the offence u/s 149
read with Section 326 I.P.C. [587 G-H]
2. Absence of legislation cannot be made up for by
judicial legislation, Babua Marandi was aged 15 years at the
time of the offence and there is no Children Act in Bihar.
Though the conviction or sentence cannot be interfered with,
in the hapless circumstances of the case and in the helpless
situation of legislative vacuum all that this Court can do
is to direct that Babua Marandi be placed either in an open
prison or in a model prison or any other prison available in
the State where young offenders are kept apart from the
adult offenders. The special directions for doing so is that
adolescents should be separated from adults in prison
campuses for obvious reasons. [588C-E]
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
483 of 1979.
Appeal by Special Leave from the Judgment and Order
dated 22-3-1979 of the Patna High Court in Crl. A. No. 356
and 407/73.
B. P. Singh and L. R. Singh for the Appellants.
S. N. Jha and U. P. Singh for the Respondent.
The Order of the Court was delivered by
KRISHNA IYER, J. We have heard the arguments of
appellants’ counsel with specific reference to Munni Marandi
and Babua Marandi the appellants herein. We have also read
through the evidence relating to these accused persons aided
by counsel for the State. The role attributed to Munni
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Marandi is that he was a member of the crowd which chased
the deceased and in that sense was liable under Section 149
read with 326 I.P.C. We cannot fault the High Court for the
conviction rendered, but having due regard to the age of the
accused and to the absence of any overt act on his part, we
consider that a sentence of two years’ R.I. will, in the
circumstances of this case, meet the ends of justice.
588
Babua Marandi, a boy aged 15, was also in the crowd. In
the excited chase of the deceased, this boy also followed
and when the actual sword thrust was made by Ranjit
Chaudhry, this boy held the deceased. In this sense, his
part is different from that of Munni Marandi. We are not,
therefore, disposed to interfere with his conviction or the
sentence. Nevertheless, it is important to remember that
Babua Marandi was aged 15 years at time of the offence. It
is regrettable-and this Court has pointed this out more than
once-that there is no Children Act in Bihar, and in this
International Year of the Child we have to emphasize that
the Legislature is expected to do its duty by the children
of Bihar by considering the passing of a measure like the
Children Act which long ago had been circulated by the
Central Government and which exists in some other states in
the country. Be that as it may, we are unable to deal with
Babua Marandi as a child for the simple reason that absence
of legislation cannot be made up for by Judicial
legislation. All that we can do, in the hapless
circumstances of the case and in the helpless situation of
legislative vacuum, is to direct that Babua Marandi be
placed either in an open prison or in a model prison or any
other prison available in the State where young offenders
are kept apart from the adult offenders. The special reason
which induces us to make this direction is that, as is well
known, adolescents should be separated from adults in prison
campuses. The vices are obvious and we, therefore, direct
accordingly.
V.D.K. Appeal dismissed.
589