MAHENDER ALIAS AAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant herein was made to stand trial for an offence under Section 302 of the Indian Penal Code (for short the ?IPC?) and Section 25 of the Arms Act arising out of FIR No. 320 dated 01.11.1998 registered at Police Station Sampla, District Rohtak.

(2.) The learned Addl. Sessions Judge, Rohtak convicted the present Appellant and sentenced him to undergo life imprisonment for the commission of offence punishable under Section 302 of the IPC and also imposed fine of Rs. 5000/-. In default of payment of fine, the Appellant was to further undergo simple imprisonment for five months. For the commission of offence punishable under Section 25 of the Arms Act, the Appellant was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/-. In default of fine, the Appellant was to further undergo simple imprisonment for one month, vide judgment dated 18.07,2001. Both the sentences were ordered to be run concurrently.

(3.) During the pendency of the appeal against the aforesaid judgment, the Appellant filed Criminal Misc. No. 66504 of 2009 inter alia pleaded that the Appellant was a juvenile on the date of commission of crime i.e. 01.11.1998. In support of said assertion, the Appellant relied upon School Leaving Certificate issued on 15.12.2009 by the Head Master, Govt. Primary School, Pipli, Sonepat, wherein the date of birth of the Appellant is mentioned as 05.12.1982. The said certificate was found to be issued under Rule 190 of the Haryana Education Code Rules, 1995 but vide order dated 29.07.2010. The State was granted opportunity to controvert the said certificate. Subsequently, an affidavit of Deputy Superintendent of Police, Headquarters, Rohtak has been filed in the Court wherein the genuineness of the said school leaving certificate is not disputed.