EERATI LAXMAN Vs. STATE OF A P

JUDGEMENT

(1.) Leave granted.

(2.) Appellant was convicted for commission of an offence punishable under Section 302 of the Indian Penal Code. He was sentenced to undergo imprisonment for life. Allegations against him were that on or about 9.5.1994 at about 1.00 p.m. he committed murder of one Pittala Chandrakala by pouring kerosene over her and setting her on fire with a matchstick.

(3.) One of the grounds taken by him during trial was that he was a juvenile within the meaning of the provisions of Juvenile Justice Act, 1986 (for short, "the said Act") on the date of commission of offence. Indisputably, the date of birth of the appellant is 10.5.1978. The question, however, which arises for consideration is as to whether he had completed the age of 16 years on 9.5.1994. During the trial, it appears, such a contention was rejected by the learned trial judge opining that he was not a juvenile as no reliance could be placed on the date of his birth recorded in the registers of the primary school. A revision application was filed thereagainst before the High Court. By reason of a judgment and order dated 26.7.2000, the matter was remanded back to the trial court. Relying on or on the basis of a decision of this Court in Arnit Das vs. State of Bihar, 2000 5 SCC 488, it was held that the date of production of the appellant before the learned Magistrate being 25.5.1994 and assuming that the date of birth of the accused was 10.5.1978, he was not a juvenile within the meaning of the provisions of the said Act. The learned Sessions Judge, held: