HARE RAM CHUWDHARY Vs. STATE OF U P

JUDGEMENT

(1.) B. L. Yadav, J. The present application under Section 439 of the Code of Criminal Procedure, 1973 (for short the Code) has been filed by the appli cant, who is a minor (aged less than 16 years), and incarcerated in jail for an offence under Section 307/326, I. P. C. , P. S. Baraia, District Ballia.

(2.) THE factual matrix of the prosecution case is that on 28th February, 1989, at about 6 p. m. one Shyam Nath Chowdhry was sitting at the house of Goverdhan Misra in village Jageva, when Jawahar Lal and Hare Ram Chow dhry (the present applicant) arrived there, the former is alleged to have caught hold of Shyam Nath Chowdhry, while latter (the applicant) is alleged to have caused injury to Shyam Nath with a DAB. THE true copies of F. I. R. and injury report are Annexure-A and Annexure-B respectively to the affidavit accompanying the application with the prayer for bail.

(3.) HAVING heard the learned counsel for the parties, the bhort points fall for consideration are whether the Division Bench case of Pramod Kumar Mangalik v. Smt. Sadhana Rani, (supra), waii correctly decided keeping in view the Constitutional aspirations and goal of social justice as promised in the Preamble of the Constitution and the fundamental rights under Article 21 read with Article 15 (3) of the Constitution and the principles of Welfare State and the benefits under Article 39 (e) and (i) of the Constitution ; whether he was entitled to benefit of Sections 2 (4) and 29 of the Act, and whether the true copies of extracts of certificates Bled by the applicant can be relied upon or they can be disbelieved as the complainant has filed the extract of kutumb register which indicates a different date of birth.