GURMAT SINGH ALIAS MONU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is Criminal Misc. No. 19283-M of 1998 whereby Gurmat Singh alias Monu has prayed for the grant of bail to him in case FIR No. 151 dated 24.11.1997 registered under Sections 302/325/324/323/148/149 of the Indian Penal Code at Police Station, Sultanpur Lodhi. He has also prayed that the order of learned Sessions Judge, Kapurthala dated 21.4.1998 (Annexure P-5) be set aside and he be adjudged a juvenile for being tried by a juvenile Court under the Juvenile Justice Act.

(2.) AS per allegations which are made out from the reading of the first information report, for the past 2/3 days prior to 23.11.1997, Piara Singh son of Sewa Singh, Balwinder Singh alias Rana, Jaswinder Singh son of Piara Singh, Deep son of Naranjan Singh, Sonu and Monu sons of Pritam Singh used to sit on the firewood in front of the house of Gurdial Singh and Jassa Singh alias Pamma and they used to talk in abusive language in the evening under the influence of liquor. On 23.11.1997 at about 7.00 PM they were abusing. Jassa Singh alias Pamma asked them to stop abusing and they went away. After 5/7 minutes Piara Singh son of Sewa Singh armed with Dang, Balwinder Singh alias Rana son of Piara Singh armed with a dagger, Jaswinder Singh son of Piara Singh armed with Dang, Sonu son of Pritam Singh armed with dattar and Monu son of Pritam Singh armed with dang and Deep son of Niranjan came in front of the house of Gurdial Singh. Piara Singh and Deep raised lalkara catch hold of Jassa Singh and show him the consequences of asking them not to sit in front of the door. Piaa Singh attacked Jassa Singh with his Dang and the Dang fell on his nose. Balwinder Singh alias Rana attacked Jassa Singh with the dagger and the dagger blow fell on the right side of his abdomen. Charan Singh came forward to rescue Jassa Singh and Jaswinder Singh attacked him with his Dang and the Dang blow fell on his left eye. Sonu son of Pritam Singh attacked Charan Singh with dattar and dattar blow fell on his forehead. Monu son of Pritam Singh-petitioner herein gave dattar blow which fell on the nose of Charan Singh. Charan Singh fell down. He got hurt on his right elbow. Jassa Singh alias Pamma and Charan Singh were taken to Civil Hospital, Sultanpur Lodhi where Jassa Singh expired.

(3.) FACED with this position, learned AAG Punjab assisted by Shri S.S. Sidhu, Advocate submitted that no value should be attached to the birth entry because prior to marriage child's mother Gurdip Kaur was known as Karamjit Kaur and in the voters list of 1977 also, she was recorded as Karamjit Kaur. It lay upon Gurmat Singh alias Monu to prove by very cogent and reliable evidence that he was a juvenile on the date of the commission of offence and was triable by a Juvenile Court and not by an ordinary Court of Session.