GAURAV KUMAR @ MONU Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) Leave Granted.

(2.) These appeals have been filed by the appellant challenging the Order dated 30.01.2015 passed by the Punjab and Haryana High Court dismissing three applications as withdrawn filed in Criminal Appeal No. 937 of 2002. Brief facts necessary to be noticed for deciding these appeals are: -

(3.) The F.I.R. dated 24.05.2000 was registered under Section 323, 506, 148, 149, 170, 171 and 302 IPC against the appellant and other accused. The accused including the appellant were tried by Additional Sessions Judge, Hisar in Criminal Case No. 127 S.C. of 2005. The date of incident is intervening night of 23rd/24th May, 2000, in which incident one Sher Singh was beaten, who was taken to the hospital and after recording of his statement he died. The Sessions Judge vide his judgment and order dated 12.11.2002 convicted the appellant and one Hans Raj under Section 302 IPC read with Section 34 IPC by Order dated 14.11.2002 and both were sentenced for life with fine of Rs. 500/-. Criminal Appeal No. 937 of 2002 was filed by the appellant against the Order of conviction and sentence in the High Court of Punjab and Haryana. One of the grounds taken in the appeal was that appellant was less than 18 years of age on the date of incident. The High Court vide Order dated 24.03.2003 while issuing notice on the application for bail ordered that in the meanwhile a report of the learned Sessions Judge, Hisar be called as to whether Gaurav Kumar applicant was a Juvenile on the date of commission of offence and on the date of framing of charge. Learned Sessions Judge conducted an inquiry in which oral as well as documentary evidence was taken from both the parties. Before the Sessions Judge the statement of Davender s/o Hari Singh father of appellant was also recorded who also was cross examined. On behalf of the appellant a certificate from the Principal of St. Kabir School, Hisar was submitted wherein date of birth of Gaurav was recorded as 17.08.1982. A mark sheet issued by National Open School, New Delhi of Secondary School Examination of Gaurav Ghatarwal was also submitted wherein date of birth was recorded as 17.08.1982. The State submitted Birth Certificate exhibit R-1 issued by the Registrar (Birth and Death) (Municipal Council, Haansi) where date of birth of son of Devender and Indu is recorded as 17.08.1981. The District and Sessions Judge, Hisar after considering the materials received in the inquiry including the oral evidence of father of the appellant held that date of birth of the appellant is 17.08.1981, hence, on the night intervening 23rd/24th May 2000, the applicant-appellant Gaurav Kumar was more than 18 years of age. The report was submitted to the High Court. Criminal Misc. Application No. 20593 of 2014 was filed by the appellant under Section 391 read with Section 482 Cr.P.C. for placing on record the secondary/matriculation certificate of National Open School, Government of India New Delhi dated 23.05.2000, migration certificate of National Open School Government of India New Delhi dated 01.08.1999 and identity card of the appellant issued by the National Open University as additional evidence for taking the plea of applicant-appellant being juvenile on the date of the incident 24.05.2000. Another Criminal Application No. 3118 of 2015 in Criminal Misc. Application No. 26949 of 2014 for placing on record additional affidavit of the appellant and also for placing on record true copy of Ration Card and for exemption from filing certified copy of Annexure A-10. Criminal Application No. 20593 of 2014 came for consideration before the High Court on 30.01.2015. The High Court noticed the report dated 08/09.05.2003 sent from District and Sessions Judge, Hisar holding that Gaurav Kumar applicant was more than 18 years of age on the date of commission of offence. The High Court took into the consideration the birth certificate issued by Registrar (Birth and Death), Haansi where date of birth of appellant son of Davender and Indu was recorded as 17.08.1981. In view of the report of District and Sessions Judge, Learned Counsel for the applicant-appellant submitted before the High Court that he does not press the applications. The applications, thus, were dismissed as withdrawn.