KRISHNA Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the order dated 2512010 passed by XI ASJ, Indore in Cr. Appeal No. 5/2010, whereby the order dated 24122005 passed by Juvenile Justice Board, Indore in Cr. Case No. 367/09 whereby the application filed by the Respondent No. 2 to declare the Respondent No. 2 juvenile was dismissed. In appeal the order passed by Juvenile Justice Board was set aside and case was remanded back to crossexamine the witnesses. After remand learned Juvenile Justice Board again dismissed the application filed by Respondent No. 2 holding the date of birth as 14290, against which an appeal was filed by the Respondent which was allowed and order passed by Juvenile Justice Board was set aside holding the date of birth as 151291, against which the present petition has been filed.

(2.) Short facts of the case are that the Respondent No. 2 along with other accused persons was prosecuted for the offence punishable under Section 302, IPC which was alleged to have been committed on 10122008. In the said incidence, one Prem Singh who is father of the Petitioner was murdered. The challan was filed against Respondent No. 1 along with other accused persons. An application was filed by the Respondent No. 2 alleging that Respondent No. 2 was juvenile on the date of incidence as his date of birth is 151291. It was prayed that it be declared that Respondent No. 2 is juvenile and case be transferred to Juvenile Justice Board for the trial. The application was opposed by the Petitioner disputing that date of birth is 151291. It was alleged that date of birth of Respondent No. 2 is 14290. Both the parties were permitted to lead the evidence. After holding a summary enquiry the petition filed by the Respondent No. 2 was dismissed by the learned Juvenile Justice Board vide order dated 382009, against which an appeal was filed by the Respondent No. 2 which was allowed and the case was remanded vide order dated 2882009 by XI ASJ with the direction to the Juvenile Justice Board to conclude enquiry after giving opportunity of crossexamination of the witnesses. In compliance of the order passed by the learned 11th ASJ, Indore, the inquiry was concluded on 23122009 and the application filed by the Respondent No. 2 was dismissed against which the appeal was filed by the Respondent No. 2 which was allowed and the order dated 231109 passed by the Juvenile Justice Board was set aside holding that the date of birth of the Respondent No. 2 was 151291 on 101208 when the incidence took place. Thus the Respondent No. 2 was juvenile on the date of the offence. Being aggrieved by the impugned order passed by the learned Trial Court whereby the Respondent No. 2 was declared juvenile, present petition has been filed.

(3.) Learned Counsel for the Petitioner submits that deceased is Prem Singh father of the Petitioner. Petitioner Krishna Pal Singh @ Krishna who is also complainant submitted that coaccused Dhannalal is none else but the brother of Prem Singh. It is submitted that four persons who arc involved in the offence namely Dhannalal, Rekhabai, Lokesh and Deepak @ Vijay who is Respondent No. 2. It is submitted that Lokesh is brother of the Respondent No. 2 while Dhannalal and Rekhabai are parents of the Respondent No. 2. Learned Counsel tenders the documents before this Court which are Higher Secondary School certificate examination of the year 2009 which has been issued by Board of Higher Secondary School Examination, Bhopal wherein the date of birth of Respondent No. 2 Deepak @ Vijay is mentioned as 14290. Learned Counsel for the Petitioner submits that the Petitioner procured the document before few days back only, therefore, the same could not be filed before the Trial Court. It is submitted that in spite of order passed by the learned Appellate Court, in the first round vide order dated 28809 the Petitioner was never given any opportunity to crossexamine the witnesses. It is submitted that no crossexamination has been made by the Petitioner on the witnesses examined by the Respondent No. 2.