ANNU Vs. STATE OF U. P.

JUDGEMENT

(1.) This Criminal Appeal has been filed under Sec. 374(2) of the Cr.P.C. against the judgement and order dtd. 2/9/2008 passed by learned Additional Sessions Judge, F.T.C.-VI, Lakhimpur Kheri, in Sessions Trial No. 593 of 2005, in Case Crime No. 183 of 2005 and 184 of 2005, under Ss. 307, 302, 326 I.P.C. and Sec. 3/25 Arms Act, registered at Police Station- Isha Nagar, District, Kheri, convicting and sentencing the appellant under Sec. 302 of the I.P.C. to rigorous imprisonment for life and fine, and under Sec. 307 I.P.C., simple imprisonment for seven years and fine, and under Sec. 326 I.P.C., simple imprisonment for seven years and fine, and under Sec. 3/25 of the Arms Act, simple imprisonment for two years and fine; all sentences to run concurrently, and in default of payment of fine on each count, additional simple imprisonment has to be undergone.

(2.) This Appeal was initially filed by Sri Arun Sinha. He failed to appear on various dates thereafter, and this Court appointed Hari Baksh Singh, Advocate, as Amicus on his behalf. Later on, Sri Ravi Kant Pandey filed his power on 27/3/2023 on behalf of the appellant and thereafter filed an application under Sec. 9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 for declaring the appellant as juvenile at the time of the incident. Such application was filed in February 2024, alleging that the appellant, being born on 10/2/1988, as is mentioned in the school leaving certificate, was juvenile at the time when the incident took place on 28/3/2005. His name in his school records is shown as Ganesh Dutt, as is evident from the transfer certificate issued by Poorva Madhyamik Vidyalaya, Dhaurhara, Lakhimpur Kheri. Such certificate was issued in his real name""Ganesh Dutt, son of Uday Narayan Tiwari.

(3.) This Court, by order dtd. 5/8/2024, gave time to the counsel for the complainant to file objections against the application claiming juvenility. Such objections were filed on 21/8/2024. It was alleged in the said objections that the appellant was 22 years of age on the date of the incident and his actual date of birth is 5/1/1983, as is evident from the school leaving certificate issued by Prathmik Vidyalaya, Karohan, where he took admission in Class-I on 5/7/1991, and his name was recorded as Annu Lal, son of Uday Narayan. His name was struck off the school rolls on 16/1/1996 due to his continuous absence from the school when he was studying in Class-V. A copy of the Parivar Register, issued on 16/4/2002, showed that the appellant was 18 years of age in 2002.