Judgment Case ID: 4069

Judgment:
N: Criminal Appeal No. 483 of 1979. Appeal by Special Leave from the Judgment and Order dated 22 3 1979 of the Patna High Court in Crl. A. No. 356 and 407/73. B. P. Singh and L. R. Singh for the Appellants. section 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 ' counsel with specific reference to Munni Marandi and Babua Marandi the appellants herein. We have also read through the evidence relating to these accused persons aided by counsel for the State. The role attributed to Munni Marandi is that he was a member of 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 regard 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. 588 Babua Marandi	 a boy aged 15	 was also in the crowd. In the excited chase of the deceased	 this boy also followed and when the 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 conviction 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 Legislature 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 been 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.

Summary:
Dismissing the appeal by special leave	 the Court ^ HELD: 1. Having due regard to the age of the accused Munni Marandi and to the absence of any overt act	 a sentence of two years R.I. would	 in the circumstances of his case meet 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 years 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 vacuum all that this Court can do 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 doing so is that adolescents should be separated from adults in prison campuses for obvious reasons. [588C E]