MOHAMMAD JAVED ABDUL WAHID Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal there is a challenge to the judgment and order dated 29/5/09 by the Additional Sessions Judge, Mumbai in Sessions Case No. 1138 of 2001.

(2.) According to the prosecution on 2/9/2001 one Papa was murdered by the appellant along with two others. C. R. No. 125 of 2001 was registered at Shivaji Nagar Police Station against all the three accused under Section 302 of the IPC. The appellant is original accused 2.

(3.) It appears that original accused 1 to 3 raised the plea during remand that they were juveniles when the offence was committed before the concerned Metropolitan Magistrate. The appellant produced birth certificate dated 6/8/84. The police submitted a report stating that their inquiry revealed that accused 1 to 3 were not juveniles . Learned Magistrate found that the appellant's birth certificate was forged. He committed the case to the Sessions Court, Greater Bombay.