SANTOKH SINGH Vs. HARKIRAT SINGH ALIAS KIRAT

JUDGEMENT

(1.) THIS petition has been moved by Santokh Singh for setting aside the order dated 6.8.2007 rendered by the Court of learned Additional Sessions Judge, Ambala, whereby he declared Harkirat Singh alias Kirat, a juvenile and gave a direction to the Juvenile Justice Board, Ambala, to inquire into the matter and further gave a direction to the prosecution to file supplementary challan qua juvenile Harkirat Singh alias Kirat on 20.7.2007.

(2.) THE facts giving rise to this petition are that Saranjit Singh, aged about 18 years son of the petitioner Santokh Singh was allegedly murdered by Harkirat Singh respondent and his brother Harvinder Singh. The fatal shot was fired by Harkirat Singh. FIR No. 227 dated 25.12.2006 under Section 302/120- B/34 of IPC and 25 of Arms Act was got registered by the petitioner at Police Station Sadar, Ambala. After about 5 months of the occurrence and registration of the case, an application was moved by respondent Harkirat Singh for declaring him a juvenile. In support of his application, he examined his father Balbir Singh, who deposed that 4 sons were born from his loins and his first son was born in the year 1985. He died about 2-3 months of his birth. The second son was born in the year 1986. He expired within a few days in his birth. The third son Harvinder Singh was born in the last month of 1987 or the early month of 1988. The 4th son Harkirat Singh was born on 21.10.1989. According to this witness, this date of birth was mentioned in the School record of Harkirat Singh. The certificates issued by the School Education Board, Haryana were placed on the file as Exh. A-1. On the basis of the same, he was declared a juvenile by the learned Additional Sessions Judge vide the impugned order. This witness has admitted that respondent No. 1 was not got admitted in school by him. He also could not tell as to by whom his age was got recorded in the school record. His mother was, however, not examined as a witness. According to the Registrar, Births and Deaths, three sons were born from the loins of Santokh Singh and his wife. The first one was born on 10.10.1984. The second one was born on 12.1.1986. The third one was born on 21.9.1987. In his cross-examination, father of Harkirat Singh has admitted that his first son was born in Dr. Minocha's Hospital but he was not born in 1984. He was falsified by the record maintained by the Registrar, Births and Deaths, according to which three sons were born to the concerned couple on 10.10.1984, 12.1.1986 and 21.9.1987. The inquiries by the petitioner have revealed that his first son was born on 10.10.1984, who died in infancy. The other two sons are Harvinder Singh and Harkirat Singh. No fourth son was born to the couple. Father of Harkirat Singh did not give names of all the three sons born in the hospital and by interpolation got the name of his son Harkirat Singh entered showing his date of birth as 21.9.1987 though Harvinder Singh was born on 12.1.1986 and Harkirat Singh was born on 21.9.1987. The father of Harkirat Singh has, therefore, committed perjury by giving wrong dates and years of birth of his children. According to the record, the respondent Harkirat Singh was the last issue of his parents and was born on 21.9.1987 and not on 21.10.1989 as mentioned in the school record. In view of the above circumstances, the respondent Harkirat Singh was declared juvenile on the basis of false evidence given by his father and that being so, this petition may be accepted and the impugned order may be set aside.

(3.) MR . Puran Singh Hundal, Sr. Advocate, appearing on behalf of the petitioner, eloquently urged that in view of the reasons mentioned in the petition as well as the record of the Registrar, Births and Deaths, Harkirat Singh was born on 21.9.1987, thus, the order under challenge suffers from illegality being in teeth with record. Sequelly, it is liable to be set aside.