RAJU Vs. STATE GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Although this petition has been filed under Article 226 of the Constitution of India, it is essentially in the nature of an application under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the said Act').

(2.) The petitioner (Raju) was an accused in connection with FIR No. 541/1995 registered at Police Station Kotwali, Daryaganj under Sections 147/148/149/307/ 302/34, IPC. Initially, there were five accused which included the petitioner and his parents Birbal and Omwati. The other two accused were the brothers of the pre petitioner, namely, Sunil and Pramod. The latter two were straightaway considered to be juveniles and were dealt with by the Juvenile Court.

(3.) Insofar as the present petitioner and his parents Birbal and Omwati are concerned, they faced trial which culminated in the judgment passed by the learned Addl Sessions Judge on 29.1.2001 whereby they were convicted under Sections 147/148/149/307/302/34, IPC. By a separate order on the point of sentence dated 30.1.2001, the learned Addl Sessions Judge sentenced the present petitioner as also the other co-accused, inter alia, to life imprisonment.