SUSHIL CHOWDHARY AND ORS.
v.
STATE OF BIHAR
September 6, 1979
(V. R. KRISHNA IYER AND P. N. SHINGHAL, JJ.]
587
Sentencing pro.ccs.\-Sent£nce for aged persons and youthful offenders---
Sections 354(3), 360 and 365 Crl. P.C., 1973.
Dismissing the appeal by special leave, the Court
A
B
HELD : 1. Having due regard to the age of the accused Munni Marandi and
to the absence of any oveit act, a sentence of two years R. I. \VOuld, in the cir-
C
~umstanccs of his case me~t 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 yea~ 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
D
vacuun1 all that this Court can dt'.:l 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 d.oing so is that adolescents should be separated ffom adults in
prison campuses for obvious reasons. [588C-E]
OtIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 483
E
of 1979.
Appe:al by Special Leave from the Judgment and Order dated
22-3-1979 of the Patna High Conrt in Cr!. 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'
<:ounsel with specific reference to Munni Marandi and Bitbua Marandi
tlre appellants herein. We have also read through the evidence relat-
ing to these accused persons aided by counsel for the State.
The
role attributed to Munni Marandi is that he was a member ot 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 re'gard 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.
F
G
B
A
B
c
D
588
SUPREME COURT REPeRTS
(1980] 1 S.C.R.
Babua Marandi, a boy aged 15, was also in the crowd.
In the
excited chase of the deceased, this boy also followed and when ihe
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 con-
viction 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 Legisl'ature 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 beeri 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.
'
I
I l
Lex