SANJAY KEDIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Shri Gopal Subramaniam, learned counsel for the petitioner.

(2.) The petitioner was tried for an offence under Section 302, Indian Penal Code and sentenced to imprisonment for life by the Sessions court. This was affirmed in appeal by the High court. During the trial and later in the appeal before the High court, one of the defences raised and urged was that petitioner was a 'child' within the meaning of Section 2 (d) of the Bihar Children's Act and he was not liable to be tried in the ordinary way. He claimed to be in his and not completed sixteenth year. That defence was not accepted by the Sessions court and the High court. The matter was carried up for special leave to this court and that Special Leave Petition was also dismissed.

(3.) The petitioner seeks to re-agitate the question in this writ petition under Article 32 of the Constitution urging that the trial and all the later proceedings emanating therefrom were nullifies; that there was a violation of petitioner's fundamental right under Article 21 and that therefore the earlier proceedings are amenable to review in proceedings under Article 32.