DARSHAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (here-in-after referred to as the 'Act') is directed against the order dated 26.4.2013 passed by Sessions Judge, Rampur in Criminal Appeal No. 10 of 2013 as well as order dated 20.2.2013 passed by Juvenile Justice Board, Rampur (here-in-after referred to as the 'Board') in Crime No. 1563 of 2011, State Vs. Raju & others, under Section 302 IPC, P.S. Bilaspur, District- Rampur, whereby opposite party no. 2- Mandeep Singh was declared to be a juvenile in conflict with law.

(2.) Heard Sri Varinder Singh, learned counsel for the revisionist, learned AGA for the State and Sri R.K. Mishra, learned counsel for opposite party no. 2.

(3.) The facts are that opposite party no.2- Mandeep Singh is an accused in the aforesaid crime. He is alleged to have committed murder of his uncle- Gurmeet Singh on 3.11.2011 at about 1.30 p.m. by fire arm injury. The FIR was lodged by Darshan Singh- father of the victim on the same day at 2.45 p.m. naming opposite party no. 2, Jogendra Singh and Raju. An application was filed by Smt. Baljinder Kaur- mother of opposite party no. 2 stating therein that according to the school records of Gurunanak Inter College, Bilaspur, the date of birth of his son Mandeep is 1.2.1995 and at the time of incident, he was aged about 16 years and 10 months. It was prayed that Mandeep be declared as juvenile on the date of incident.