ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 10.8.1982, passed by Sri Pramod Kumar Sarin, then learned 1st Addl. Sessions Judge , Etawah in S.T. No. 150 of 1981, State v. Ashok Kumar convicting the accused-appellant under Section 302, I.P.C. and sentencing him to life imprisonment.

(2.) THE facts relevant for disposal of this appeal are that on 24.12.1980 Ram Bharose Lal lodged a F.I.R. at the Police Station Dibiyapur district Etawah at 5.15 p.m. with these allegations that on the aforesaid date his son Satish Kumar alias Harish had gone to fetch his niece Suman who was a student of High School . THE school closed at about 3.15 p.m. and Suman came out of the school. She was being teased by some boys who were also studying in the same school. Accused Ashok Kumar had also joined them. Satish Kumar prohibited them from doing so, then Ashok gave a knife blow to Satish. Satish tried to protect himself by catching him, and he received injury upon his hand but he could not snatch that knife. In the meantime Ashok gave a strong knife blow upon his stomach and the entire blade of the knife entered the stomach and got entangled there. THEreafter Girish who was also a friend of Ashok pulled out the knife. This incident was witnessed by Hridai Narayan, Kishori Lal, Raghunandan and Mewa Lal, Suman etc. Suman narrated this incident to the informant Ram Bharose Lal and she also told that Kishori Lal etc. had taken Satish Kumar to the hospital. THEn he went to the hospital where Harish narrated the entire incident to him before Dr. Subhash. THE Doctor after providing first aid to him referred him for further treatment to the Government Hospital but when Harish was being taken to the hospital he died in the way at about 4.30 p.m. THEn Ram Bharose Lal went to the police station to lodge the F.I.R. On the basis of above report, the police registered a case against the accused under Section 302, I.P.C.

(3.) WHEN this appeal was taken up for hearing of argument on 13.8.08 Mr. P. N. Misra, learned counsel for the appellant made only one submission before us. He submitted that even if the date 7.7.64 as held by the trial court be taken to be the true date of birth of the appellant, the appellant is entitled to the benefit of the provision of the Juvenile Justice (Care and Protection of Children) Act , 2000 (hereinafter referred to as Juvenile Justice Act, 2000). In this connection he referred to Section 20 of the above Act which has been amended by Act No. 33 of 2006 and which now runs as under :