NIKHIL SAINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) An application filed by the petitioner to be declared a juvenile was dismissed by the J.M.I.C, Hoshiarpur vide order dated 22.4.2013. Appeal preferred by the petitioner stands dismissed vide order dated 12.11.2013, passed by the Sessions Judge, Hoshiarpur. The instant revision petition has been filed impugning the aforenoticed orders dated 22.4.2013 and 12.11.2013.

(2.) Briefly noticed, F.I.R No.21 dated 24.2.2013 was registered at Police Station City, Hoshiarpur for offence under sections 302, 307, 323 I.P.C in which the petitioner stands implicated. F.I.R was registered on the complaint of Raghav Aggarwal on the allegations that the petitioner had struck his car against complainant's grandfather namely Harbans Lal Aggarwal and his brother Roshan Lal Aggarwal as a result of which both received injuries. The alleged occurrence is stated to be of 23.2.2013 and subsequently Roshan Lal Aggarwal expired and which led to the addition of offence under section 302 I.P.C on 5.3.2013.

(3.) The application preferred by the petitioner to be declared a juvenile was on the strength of a certificate issued by the Punjab School Education Board (Ex.P-1) which testified his date of birth to be 21.9.1995. As such, the petitioner claimed that he was a juvenile on the date of the occurrence/accident i.e. 23.2.2013 being aged 17 1/2 years. However, the prosecution placed reliance upon a Birth Certificate issued by the Registrar of Birth and Deaths, Municipal Council, Hoshiarpur in which date of birth of the petitioner was indicated as 17.6.1994.