Mishri Lal Vs. State of U.P. Through the Secretary Transport, Civil Secretariat and ors. - Court Judgment

Excerpt:
- indian penal code, 1860 [c.a. no. 45/1860]. section 302; [m.c. jain, r.c. deepak & k.k. misra, jj] murder plea as to accused being minor school register and transfer certificate not proved before court according to law held, it has to be ignored and question of age is to be determined on other evidence and circumstances surfacing on record. age determined on the basis of x-ray plates and report prepared by c.m.o., is the correct age of accused. accused was declared to be child on the date of commission of offence of murder. however, considering fact that now accused was around 41 years, he cannot be sent to approved school. accused was directed to pay fine of rs.25,000/- under section 302 i.p.c., amount of fine was directed to be paid as compensation to wife of deceased. mohammad - 1 and 2 and the petitioner's pay fixation shall be done within two months from the date of production of a certified copy of this order and the petitioner's remaining retrial benefits like leave encashment, gratuity shall be paid to him within the said period.rakesh sharma, j.1. heard sri manoj sahu, learned counsel for the petitioner and sri mahesh chandra, advocate who has put in appearance on behalf of opposite parties no. 2 to 4 and,the learned chief standing counsel who has put in appearance on behalf of opposite party no. 1.2. the learned counsel for the petitioner submits that the petitioner has retired on 31.1.1998 on attaining the age of superannuation. till date the petitioner's pay fixation, process has not been completed and his final gratuity, leave encashment and part of retiral benefits has not been settled and paid. the representation of the petitioner has submitted several representations to the managing director. u.p.s.r.t.c. for payment of retrial benefits.3. with the consent of the parties, the writ petition is finally disposed of with a direction to the opposite parties no. 3 and 4 consider and dispose of the representation of the petitioner as contained in annexure nos. 1 and 2 and the petitioner's pay fixation shall be done within two months from the date of production of a certified copy of this order and the petitioner's remaining retrial benefits like leave encashment, gratuity shall be paid to him within the said period.4. with these observations, the write petition is finally disposed of.