# death or life sentence would be the appropriate sentence considering the age of the

- **Citation:** C.L. No. 34/2009/Admin
- **Court:** Allahabad High Court
- **Decided:** 2009-07-16
- **Case number:** C.L. No. 34/2009/Admin
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/death-or-life-sentence-would-be-the-appropriate-sentence-considering-the-age-of-163637
- **Pages:** 3

## Text

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his statement, other material on record, the court's subjective impression of the age, and
in the event that the court deems it appropriate by getting the medical examination of the
accused conducted or by seeking further documentary or other evidence of age, that we
can ensure that the mandate of Rule 50 of the General Rules (Criminal) and directions of
the Apex Court are observed in letter and spirit. Only by this exercise will a proper
estimate of the age be available on record which is very necessary for deciding on
questions of the appropriateness of the procedure adopted for the trial of the case, i.e.
whether the trial of the accused should have been conducted according to the procedure
prescribed under the Juvenile Justice Act or otherwise, what should be the appropriate
sentence, if the accused is of very young age or he is very old, and certain cases whether
death or life sentence would be the appropriate sentence considering the age of the
Accused‖.
Therefore, I am directed to send out her with a copy of the judgment and order
dated 30.9.2005 in Crl. Jail Appeal No. 58 of 2001- Kaloo vs. State of U.P. with the
request that the contents of and directions in the judgment and orders afore stated, be
unerringly gone though all the way for ensuring strict compliance by all concerned.
Compliance of directions/orders given by Hon'ble Supreme Court in Writ Petition
(Civil) No. 549 of 2008 - Health for Millions Tr. Legal Advisor Vs. Union of India &
ors.
C.L. No. 34/2009/Admin. ̳G-II': Dated July 16, 2009

While passing order in Writ Petition (Civil) No. 549 of 2008 - Health for Millions
Tr. Legal Advisor Vs. Union of India & Ors., the Hon'ble Apex Court has observed that:
―........that Government of India undertakes to implement Cigarettes and Other
Tobacco Products (Packaging and Labelling) Rules, 2008, with effect from 31st
May, 2009, and enforcement thereof shall not be further extended under any
circumstances. In view of this statement made at the Bar and the undertaking. It is
not necessary to pass any further order in these writ petitions by way of interim
measure. However, we direct that no Court in the country shall pass any order,
which is inconsistent with this order.‖

Therefore, I have been directed to send herewith a copy of the Order dated
06.05.2009 passed by the Hon'ble Apex Court in the above mentioned case with the
request to kindly circulate a copy of this circular letter to all the Judicial Officers in the
Judgeship under your supervision and control for their information, necessary action and
compliance.
Compliance of directions/orders given by Hon'ble Supreme Court in Petition for
Special Leave to Appeal (Civil) Nos. 11801-11804 of 2005 - Jai Prakash vs. M/s.
National Insurance Co. & Ors.
C.L. No. 13/2010/Admin. ̳G-II': Dated 17.05.2010

While passing order in Petition for Special Leave to Appeal (Civil) Nos. 1180111804 of 2005 - Jai Prakash Vs. M/s. National Insurance Co. & Ors. The Hon'ble Apex
Court has observed that:
―.....All Claims Tribunals in his State to register the reports of accidents received
under section 158(6) of the Act as applications for compensation under Section
372
166(4) of the Act and deal with them without waiting for the filing of Claim
applications by the injured or by the family of the deceased. The Registrar
General shall ensure that necessary Registers, forms and other support is extended
to the Tribunal to give effect to Section 166(4) of the Act.

For complying with section 166(4) of the Act, the jurisdictional Motor
Accident Claims Tribunals shall initiate the following steps:
(a)
The tribunal shall maintain an Institution Register for recording the AIRs,
which are received from the Station House Officers of the Police Stations
and register them as miscellaneous petitions. If any private claim petitions
are directly filed with reference to an AIR, they should also be recorded in
the Register.
(b)
The Tribunal shall list the AIRs as miscellaneous petitions. It shall fix a
date for preliminary hearing to enable the police to notify such date to the
victim (family of victim in the event of death) and the owner, driver and
insurer of the vehicle involved in the accident. Once the claimant/s
appears, the miscellaneous application shall be converted to claim petition.
Where a claimant/s files the claim petition even before the receipt of the
AIR by the Tribunal, the AIR may be tagged to the claim petition.
(c)
The Tribunal shall inquire and satisfy itself that the AIR relates to a real
accident and is not the result of any collusion and fabrication of an
accident (by any ̳Police Officer-Advocate-Doctor' nexus, which has come
to light in several cases).
(d)
The Tribunal shall by a summary enquiry ascertain the dependent family
members/legal heirs. The jurisdictional police shall also inquire and
submit the names of the dependent legal heirs.
(e)
The Tribunal shall categories the claim cases registered, into those where
the insurer disputes liability and those where the insurer does not dispute
the liability.
(f)
Wherever the insurer does not dispute the liability under the policy, the
Tribunal shall make an endeavor to determine the compensation amount
by a summary enquiry or refer the matter to the Lok Adalat for settlement,
so as to dispose of the claim petition itself, within a time frame not
exceeding six months from the date of registration of the claim petition.
(g)
The Insurance Companies shall be directed to deposit the admitted amount
or the amount determined, with the claims tribunals within 30 days of
determination. The Tribunals should ensure that the compensation amount
is kept in fixed deposit and disbursed as per the directions contained in
General Manager, KSRTC v. Susamma Thomas; [1994 (2) SCC 176]
(h)
As the proceedings initiated in pursuance of Section 158(6) and 166(4) of
the Act, are different in nature from an application by the victim/s under
Section 166(1) of the Act, Section 170 will not apply. The insurers will
therefore be entitled to assist the Tribunal (either independently or with
the owners of the vehicles) to verify the correctness in regard to the
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accident, injuries, age, income and dependents of the deceased victim and
in determining the quantum of compensation.
The aforesaid directions to the Tribunals are without prejudice to the discretion of
each Tribunal to follow such summary procedure as it deems fit as provided under
Section 169 of the Act. Many Tribunals instead of holding an inquiry into the claim by
following suitable summary procedure, as mandated by Section 168 and 169 of the Act,
tend to conduct motor accident cases like regular civil suits. This should be avoided. The
Tribunal shall take an active role in deciding and expeditious disposal of the applications
for compensation and make effective use of Section 165 of the Evident Act, 1872, to
determine the just compensation.
Therefore, I have been directed to request you to kindly circulate a copy of this
circular letter to all the Judicial Officers in the judgeship under your supervision and
control for their information, necessary action and compliance.
Circulation of the copy of the judgment dated 03.12.2010 of Hon'ble the Division
Bench comprising Hon'ble Mr. Justice Devi Prasad Singh and Hon'ble Mr. Justice
S.C. Chaurasia in Misc. Writ Petition No. 10503 (M/B) of 2009, Vishwanath
Chaturvedi v. Union of India and others
Letter No. 3154/2011/Admin.G-II dated 21.02.2011

I am directed to send a copy of the Judgement dated 03.12.2010 of Hon'ble the
Division Bench comprising Hon'ble Mr. Justice Devi Prasad Singh and Hon'ble Mr.
Justice S.C. Chaurasia in Misc. Writ Petition No. 10503(M/B) of 2009, Vishwanath
Chaturvedi v. Union of India and others, and to request you to kindly circulate copy of
the judgment to all the Judicial Officers working under your control with the instruction
to comply strictly with the directions given by the Hon'ble Court in the said Judgement.
Circulation of the copy of the Judgment dated 22nd November, 2010 passed by the
Hon'ble Apex Court in Petition(s) for Special Leave to Appeal Crl. No. 9507/2010
(Cri. MP No. 23051/2010) Rajbir @ Raju & Another v. State of Haryana
C.L. No. 11/2010/Admin G-II dated 07.03.2011

While enclosing a copy of the Judgment & order dated 22.11.2010 passed by
Hon'ble the Apex Court (Hon'ble Mr. Justice Markandey Katju and Hon'ble Justice
Gyan Sudha Misra) in Special Leave Petition (Crl.) No. 9507 of 2010 (entitled Rajbir @
Raju & Anr. V. State of Haryana), I am directed to say that the Hon'ble Supreme Court
has directed to ordinarily add section 302 IPC to the charge of section 304-B IPC. So that
death sentence can be imposed in such heinous and barbaric crimes against women.

I am, therefore, to request you to circulate this circular letter and copy of
Judgment/Order of Hon'ble the Supreme Court to all the Judicial Officers under your
administrative control for their information & guidance.
54. EXPLANATION BY MAGISTRATES
G.L. No. 12/VII-a-82 dated 2nd May, 1950