Hon'ble Judges/Coram:
N.V. Ramana and Mohan M. Shantanagoudar

JUDGMENT

Mohan M. Shantanagoudar, J.

1. The judgment and order dated 11.1.2008 passed by the High Court of Judicature at Patna in Death Reference No. 7/2005 along with Criminal Appeal No. 622/2005 and Criminal Appeal No. 643/2005, whereby the High Court answered the death reference in the negative and set aside the judgment of the Sessions Court convicting the Accused-Nand Kishore Singh and Maheshwar Singh for the offences Under Section 396 Indian Penal Code is called in question in these appeals. By the very judgment, the High Court also set aside the conviction of Maheshwar Singh Under Section 412 of Indian Penal Code and Criminal Appeal No. 763/2005 filed by Mintu Kumar @ Mintu Singh was remanded for consideration by Juvenile Justice Board constituted to deal with juveniles under the provisions of Juvenile Justice (Care & Protection of Children) Act, 2000. These appeals are not only relating to acquittal of Nand Kishore Singh and Maheshwar Singh but also relate to the finding arrived at by the High Court that Mintu Kumar @ Mintu Singh was a juvenile at the time of commission of offence in question.

2. The case of the prosecution in brief is that in the intervening night between 21^st-22^nd April, 1999 at about 12.00, about 30-40 unknown persons committed dacoity in the house of informant (PW9) and also in the adjoining house of his uncle-Madhukant Jha (deceased). The dacoits looted away gold chains, gold ring, bicycle and other household articles and cash from the two houses. In the course of dacoity, the dacoits fired gun shot towards Madhukant Jha aged about 75 years who died immediately thereafter due to gun shot injuries sustained. The dacoits were young and of different complexion; they fled away from the scene after committing the dacoity and murder. The first informant (PW9) was the eye-witness of the incident. Immediately, after the Accused fled away from the scene, the informant came to know about the dacoity in the house of his uncle Madhukant Jha (deceased) and that he died due to shots fired a........