MOHAMED KHALID Vs. STATE

JUDGEMENT

(1.) By this appeal, Mohd. Khalid, appellant herein challenges his conviction under Section 302 of the Indian Penal Code. The legality of the sentence of life imprisonment is also sought to be quashed.

(2.) . During the pendency of this appeal, the appellant herein moved an application (CrI.M. 2158/84) whereby it was pleaded that be was a child within the purview of Section 2(e) of the Children Act, 1960, and as such was not liable to be tried by the Court of Addl. Sessions Judge, Delhi. After hear- ing the parties, this Court remanded the case to the Addl. Sessions Judge to record evidence on the point of age of the appellant. The learned Addl. Sessions Judge Shri P.S. Sharma recorded the evidence of three witnesses pro- duced on behalf of the appellant. Although the right had been granted to rebut the evidence but the State has not chosen to do so. The three witnesses were Raisa Begum, mother of the appellant (DW-D/Gulam Mohamed, an employee of the Municipal Board of Sambal, the birth place of the appellant (DW-2) and 0m Parkash, an Assistant Teacher in Jahangir Puri, (DW-3), in which school the appellant studied upto 4th class.

(3.) . According to Raisa Begum (DW-I) she was married in the year 1964. The appellant was born after 4 years of the marriage and is the eldest child. In cross-examination, ii, is brought out that the age of the appellant's mother was little more than what was given in the marriage certificate (Nikahnama). A suggestion was put to her that the appellant was not born after 4 years of her marriage and he had been born earlier but she denied the same. It is the documentary evidence produced by DW-2 Gulam Mohd. and DW-3 0m Parkash which clinches the issue. The birth certificate produced by Gulam Mohd. was exhibited as DW2/A. From the said document, it appears that a son was born to Mohd. Hussan on 1st September, 1968. (the appellant's father's name is Mohd, Hussan). It is further certified that the document is correct as per the entry contained in the birth register maintained by the Municipality of Sambal, District Moradabad, Ultc r Pradesh. The school leaving certificate DW-3/A produced by 0m Parkash (DW-3) shows the birth of the appellant as 10th November, 1968. The appellant was admitted in that school on 2nd November, 1977 in class-I. He left that school in 1980.