SUPREME COURT OF INDIA

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

R.P. (Crl.) No. 1105 of 2000 in Crl.A. No. 4 of 2000. D/d. 28.11.2000.

Ram Deo Chauhan @ Raj Nath Chauhan - Petitioner

Versus

State of Assam - Respondent

Indian Penal Code, Section 302 - Juvenile Justice Act, 1986 - Appellant sentenced to death - review Petition - Whether the age of the petitioner as on the date of offence is the most crucial thing or any other duty - Execution of the death - Matter be listed for detailed hearing.

[Para ]

Cases Referred :-

Arnit Das v. State of Bihar, (2000) 5 S.C.C. 488.

Umesh Chandra v. State of Rajasthan, (1982) 2 S.C.C. 2020.

JUDGMENT

K.T. Thomas, J. - Learned counsel submits that in view of the prohibition contained in the Juvenile Justice Act, 1986 the age of the petitioner as on the date of offence is the most crucial thing which was not raised at the time of the arguments when the appeal was considered due to some inadvertence. Learned counsel also submitted that the question whether it was the date of occurrence or some other date which is crucial is also to be re- examined because a two Judge Bench of this Court in the case of Arnit Das vs. State of Bihar [(2000) 5 S.C.C. 488] held that it was not the date of occurrence which is the crucial date, but there is an earlier decision of this Court dealing with an identically worded statute in the matter of Umesh Chandra vs. State of Rajasthan [(1982) 2 S.C.C. 2020] where it was held that crucial date is the date of occurrence.

2. The execution of the death sentenced will remain stayed till the disposal of this review petition.

3. List this matter for detailed hearing.

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