(1.) DEVISINGH the first appellant, had admittedly not attained the age of 16 years on the date of the offence. He was then a 'child' within the meaning of the definition contained in Section 2 (c) of the M. P. Bal Adhiniyam, 1970 (No. 15 of 1970) (hereinafter called the 'bal Adhiniyam' ). He was tried for the offence of murder punishable under Section 302, Penal Code. Be was, along with three other accused, tried by the Sessions Judge, Seoni, who found him guilty of that offence. However, he was dealt with under Section 6 of the Bal Adhiniyam.
(2.) HE preferred this appeal for his acquittal. When the appeal went before a division Bench, the following question arose, which has been referred to us for opinion:-
(3.) FORMERLY, i. e. under the Cr. P. C. 1898 it had been held by a Division Bench of this Court in Rupsingh v. State, 1974 MPLJ 341 : (1975 Cri LJ 500), that the juvenile Court had exclusive jurisdiction to try a child as defined in the adhiniyam, in respect of all offences, including those punishable with life imprisonment or death.
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