JIT SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 19.01.2016 (Annexure P-3) passed by the Judicial Magistrate 1st Class, declaring respondent No.2 Sonu @ Paramjit as juvenile, in FIR No.353 dated 03.10.2015 under Sections 302/149 of the Indian Penal Code (for short 'IPC'), registered at Police Station Shivaji Colony, District Rohtak as well as the order dated 01.03.2016 (Annexure P-5) passed by the revisional Court, vide which the revision petition filed by the petitioner was dismissed.

(2.) Brief facts of the case are that the aforesaid FIR was registered on the statement of one Jit Singh with the allegations that on 03.10.2015, he had gone to his son's house at Rohtak. His grandson Kapil was a student of 12th Class and had gone to the market on a scooter. The complainant was present in the street near the house of one Ram Kishan, when he saw his grandson Kapil coming on Activa. In the meantime, two motorcycles, on which 4-5 young persons were riding, stopped his grandson and with the help of scissor, they had started giving injuries to his grandson Kapil, on his chest, shoulder and wrist. When Kapil raised voice to save him, the complainant rushed there and on seeing him, the motorcyclists ran away. The complainant brought his grandson to PGIMS, Rohtak, where he was declared brought dead.

(3.) On presentation of challan before the trial Court, an application dated 29.10.2015 was moved on behalf of one Lokesh @ @ Gogi to declare him juvenile. The trial Court recorded the statement of his father Mahabir Sharma as AW1, who tendered the matriculation certificate Ex.A1, issued by Central Board of Secondary Education, showing his date of birth as 21.06.1999. The trial Court, while relying upon Ex.A1, declared Lokesh @ Gogi as juvenile. Simultaneously, another application dated 04.11.2015 moved by respondent No.2-accused Sonu @ Paramjit and in support thereof, he examined his father PW1 Jai Narayan, who produced his matriculation certificate Ex.PW1/A, issued by Haryana Board of Secondary Education, showing his date of birth as 26.01.1998, PW2, a Teacher of Jat High School, stated that as per school record, date of birth of Sonu is 26.01.1998 and he exhibited admission form and affidavit as Ex.PW2/A and Ex.PW2/B and relying upon the same, the trial Court also declared respondent No.2-accused Sonu a juvenile, as per Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (for short 'Rules, 2007').