RUPSINGH DEVJIA Vs. STATE

JUDGEMENT

(1.) THIS appeal raises the question whether, on construction of the various provisions of the Madhya Pradesh Bal Adhiniyam, 1970 (No. 15 of 1970) (hereinafter referred to as the Bal Adhiniyam), a 'child' within the meaning of that expression as defined in the Act when charged with the offence of murder has also to be dealt with in accordance with the provisions of that Act.

(2.) THE appellant Rupsingh, admittedly, aged 14 years when tried for the offence of murder was charged with having committed the murder of Mst. Balgi wife of Nakala of village Jhauli, tahsil Aliraipur, district Jhabua on 14-4-1970. The challan was filed in the Court of the Magistrate First Class, Alirajpur for the said offence against the appellant on 15-5-1970,who after holding an inquiry in accordance with Section 207-A of the Code of Criminal Procedure, 1898 by the order dated 3-9-1970 passed under Sec-213 of the Code committed the appellant for trial by the Court of Session. The first Additional Sessions Judge, Alirajpur after holding the requisite trial on such commitment has held the charge proved and convicted the appellant on 29-1-1971 for the offence of murder under Section 302, Indian Penal Code and passed the sentence of life imprisonment. The present appeal is against the said conviction and sentence.

(3.) THE main ground urged in support of this appeal is that the order of commitment by the Magistrate First Class, Alirajpur and the consequent trial by the Sessions Court resulting in conviction and sentence was without jurisdiction inasmuch as the Bal Adhiniyam having been extended to the area in question before the challan had been put up, the trial of the appellant should have been only in accordance with the pro-visions of the Bal Adhiniyam and that not having been done the entire proceedings before the Magistrate First Class and in the Sessions Court need to be quashed.