PAPPAN ALIAS RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a revision petition directed against the judgment passed by the learned Addl. Sessions Judge, Sonepat dated 12.10.1993. The learned Addl. Sessions Judge, Sonepat by virtue of the impugned judgment set aside the order passed by the Juvenile Court, Sonepat and held that petitioners were not juveniles within the meaning of Juvenile Justice Act, 1986.

(2.) THE relevant facts are that petitioners Pappan and Anju besides other had been challaned by the police for offences punishable under sections 302/323 read with section 34 of the Indian Penal Code. It was alleged that on 27.1.1991 Sham Singh deceased accompanied his mother Murti Devi to the Municipal Tap, which was situated near their house for bringing water. Both the petitioners accompanied by others took up a quarrel with Smt. Murti Devi. Sham Singh intervened to save his mother. Pappan petitioner gave danda blow on the head of the deceased while petitioner Anju gave fist blows. As a result of the said injuries Sham Singh became unconscious and subsequently died in the hospital.

(3.) THE learned Principal Magistrate Juvenile Court at Sonepat after recording of evidence held that petitioners were juveniles on the date of incident. Aggrieved by the said order passed by the Principal Magistrate, Juvenile Court, Sonepat, an appeal was preferred in the Court of Sessions at Sonepat. Learned Addl. Sessions Judge, Sonepat accepted the appeal and set aside the impugned order passed by the Principal Magistrate, Juvenile Court, Sonepat. As a consequence thereto, it was directed that petitioners were not juveniles.