BHOLA BHAGAT ETC. versus STATE OF BIHAR

Citation: [1997] SUPP. 4 S.C.R. 711 · Decided: 27-10-1997 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Appeal(s) allowed

Judgment (excerpt)

BHOLA BHAGAT ETC. 
A 
v. 
STATE OF BIHAR 
OCTOBER 27, 1997 
[DR. A.S. ANAND AND K. VENKATASWAMI, JJ.] 
B 
Penal Code, 1860 : Sections 30211481149-Murder-Prosecution-
Conviction and sentence by Trial Court-Maintained by High Court~On 
appeal, held, involvement of the appellants in the commission of crime has C 
been established beyond reasonable doubt-Appreciation of evidence by 
both the Courts is proper and sound-Conviction sustained. 
Juvenile Justice Act, 1986--Sec. 32-:--Plea that appellants were children 
on the date of occurrence-Not considered by Courts-No enquiry held to 
ascertain the age-Conviction and sentence awarded-Held, it is obligatory D 
on the courts to hold an enquiry for determining the agf of the accused when 
a plea is raised-Technicalities should not be allowed to defeat the benefit 
of socially oriented provision-Correctness of age given by the appellants 
before the !rial Court not assailed-Appellants squarely fall within the 
definition of 'chi/d'--Sentence quashed-Bihar Children Act, 1970-Bihar 
Children Act, 1982. 
E 
Practice and Procedure : 
Determination of age of accused-Plea raised by accused as 'child'-
Courts entertaining doubts about the correctness of age-Duty of Court-
Held, Courts must as a rule hold an enquiry and return a finding regarding F 
the age-Courts to deal with such cases with more sensitivity-High Court 
to issue administrative direction to subordinate courts according/y-
Suggestion given. 
Appellants were prosecuted for offences under Sections 302/149/148, 
IPC. Prosecution case was that PW-6 and his brother went to the shop of G 
PW-5 for purchasing cloth. They were assaulted by the appellants. While PW-
6 managed to escape, the appellant surrounded his brother and assaulted him 
till he became unconscious. On raising an alarm PW-1, PW-3, PW-4, PW-5 
and PW-8 arrived at the.scene of occurrence and on seeing them appellants 
fled away. PW-6 took his brother to the hospital in an unconscious state with H 
711 
712 
SUPREME COURT REPORTS [1997] SUPP. 4 S.C.R. 
A bleeding injuries. PW-9 recorded the statement of PW-6 at the hospital and 
on that basis a formal FIR was registered. The brother of PW-6 subsequently 
succumbed to his injuries in the hospital. The appellants were charge sheeted 
for the offence. When the statements of the appellants 2,3 and 10 (as per 
seriatim given in the High Court) were recorded, after four years of the 
B occurrence under Section 313, Code of Criminal Procedure, 1973 they gave 
their ages as 17 years, 21 years and 18 years respectively. The Trial Court 
recorded that in its estimation the age of appellant No. 2 was 22 years, 
appellant No. 3, was 21 years and appellant No. IO was 18 years at that time. 
However, the Trial Court did not give benefit to those three appellants under 
the Bihar Children Act, 1970. The Trial Court on appreciation of evidence 
C convicted the appellants and sentenced them to imprisonment for life. On 
appeal before the High Court also an argument about the age of the three 
appellants were raised but was rejected holding that except the statements 
given by the three appellants and the estimate of age by the Trial Court there 
was no other material on record to support the claim of each one of the 
appellants that he was a 'child' at the relevant time. The High Court maintained 
D the conviction and sentence of the appellants. Hence the present appeals . 
E 
• 
Partly allowing the appeals, this Court 
HELD: 1. The involvement of the appellants in the commission of the 
crime of murder has been established beyond a reasonable doubt. The 
appreciation of evidence by both the courts is proper and sound. Their 
conviction, is, therefore well merited and sustainable. [716-B-C] 
2.1. Appellants 2, 3 and IO (as per seriatim given in the High Court) 
squarely fall within the definition of the expression 'child' under the Bihar 
F Children Act, 1970. Thus while sustaining the conviction of the three 
appellants under all charges the sentence awarded to them was quashed. 
[717-D, G) 
Gopinath Ghosh v. State of West Bengal, [1984) (Supp.), SC:C 228; 
Bhoop Ram v. State of UP., [1989) 3 SCC I and Pradeep Kumar v. State of 
G U.P., AIR (1994) SC 104, relied on. 
State of Haryana v. Ba/want Singh, [1993) Supp. I SCC 409, 
distinguished. 
Krishna Bhagwan v. State ofBihar, AIR (1989) Patna 217, approved. 
H 
2.2 It is obligatory on the courts to hold an enquiry for determining the 
BHOLA BHAGAT. v. ST A TE OF B!HAR 
713 
ag

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