(1.) THE present appeal is directed against the judgment and order of conviction and sentence dated 19th July, 1993 passed by the learned additional Sessions Judge, Court No. VIII, Ahmedabad, in Sessions Case No. 384 of 1991 for the alleged commission of offences punishable under Sec. 302 of I. P. C. and convicted the appellant to undergo imprisonment for life and fine of Rs. 500, in default, to undergo imprisonment for two months.
(2.) THE prosecution case, in short, is as under :
(3.) LEARNED Advocate for the appellant had filed an application at Exh. 5 to the effect that the accused is below 16 years of age, and therefore, the said Court has no jurisdiction to try the said case. The matter was therefore, kept for inquiry. After inquiry, learned Additional City Sessions Judge, Court no. 21, Ahmedabad passed order on 31st December 1992 below application exh. 5. The operative part of the order reads as under :