AMRINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ORDER passed by Additional Sessions Judge, Moga on 5.9.2005 while charging the petitioner and others under Section 306 IPC, has been challenged by filing the present petition under Section 482 Cr.P.C.

(2.) AS per the prosecution case Smt. Rashwinder Kaur @ Palo committed suicide on 27.7.2004 in the area of city of Moga for which the petitioner and others were arraigned as accused in the FIR, which was got registered by Ramesh Singh, brother of the deceased under Section 306 IPC. After the presentation of the challan and the commitment of the case to the Court of Sessions, Additional Judge, Moga heard the arguments on charge and after perusing the challan, statements recorded in the Court and document annexed with the challan, found a prima facie case against all the accused, including the petitioner for having committed an offence punishable under Section 306 IPC.

(3.) REPLY has been filed by the State wherein the stand is taken that the petitioner did not produce his certificate regarding date of birth before the trial Court nor any application was moved in this behalf earlier before the said Court. However, it was stated in para 6 of the reply that if the petitioner proves himself to be a juvenile, he was entitled to be dealt with under the Act.