SUPREME COURT OF INDIA

Before:- K.T. Thomas and R.P. Sethi, JJ.

Review Petn. (Cri.) No. 1105 of 2000 in Cri. A. No. 4 of 2000. D/d. 22.2.2001.

Ram Deo Chauhan alias Raj Nath Chauhan - Petitioner

Versus

State of Assam - Respondent

For the Petitioner :- Mr. S. Murlidhar, Advocate, Mr. Vallinayagam, Advocate.

For the Respondent :- Mr. Sunil Kr. Jain, Advocate, Mr. Vijay Hansaria, Advocate, Mr. S. Borthakur, Advocate and M/s. Jain Hansaria and Co. Advocates.

Indian Penal Code, 1860, Section 302 - Juvenile Justice Act, 1986, Section 22(1) - Murder - Juvenile Justice - Sentence - Question of law raised that where the accused was juvenile at the time of commission of the offence, whether the prohibition regarding sentence is to be imposed on him - Maintaining the conviction matter referred to larger Bench.

[Para 2]

ORDER

After hearing learned counsel Mr. S. Murlidhar for sometimes, we are not inclined to reopen the question of conviction of the petitioner Ram Deo Chauhan for the offence under Section 302 of Indian Penal Code. Learned counsel contended that the petitioner was a juvenile at the appropriate time and under Section 22(1) of the Juvenile Justice Act, 1986, there is a prohibition regarding the sentence to be imposed on him. For this limited aspect alone, the Review Petition will be considered. As the question is important, we refer this matter to a larger Bench.

2. The papers shall be placed before Hon'ble the Chief Justice of India for directions.

3. Liberty to mention.

Order accordingly.