JAIVEER SINGH Vs. STATE

JUDGEMENT

(1.) THE date of the incident is 20.7.2002. An issue was raised in Crl.A.No.578/2006 whether appellant Jaiveer Singh was a juvenile on the date when the crime was committed. No such issue was raised during trial and hence in view of the decision reported as 2009 (6) SCALE 695 Hari Ram Vs. State of Rajasthan, the matter was placed before the learned Registrar to conduct an inquiry and list the matter in Court with the evidence which is collected.

(2.) RELEVANT evidence has been collected, being the school leaving certificate pertaining to the High School Exam cleared by Jaiveer, issued by the High School Board UP, as per which Jaiveer was born on 8.9.1985. The veracity of the certificate, original whereof has been filed in Court, stands affirmed by the learned counsel for the State and hence it is apparent that Jaiveer was a little less than 17 years of age when the crime was committed and hence as per the decision in Had Ram's case (supra) has to be treated as a juvenile.

(3.) APPELLANT Jaiveer and Mahaveer are brothers and even they received injuries on the same day. The injuries on Mahaveer are noted on the MLC Ex.PW-15/A. He had 3 injuries. The first is a clear lacerated wound on the left parietal region of skull. The second is a clear lacerated wound over the right thumb and the third is tenderness over right elbow. The MLC Ex.DW-2/A of Jaiveer records his having 5 injuries being: