NAGAMANI BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated 22-9-1997 passed by Additional Sessions Judge, Gopalganj in Sessions Trial No. 42 of 1997, by which the, petitioners petition for treating as juvenile an the date of occurrence has been rejected.

(2.) The short fact leading to the case is that the informant lodged an FIR stating therein that on 22-3-1994, the informant Suresh Bhagat, his father and his uncle Gurdeh Bhagat were sitting at Bathan, in the meantime, Ram Naresh San was passing through the house of the informant and gat-dashed with the brother of the informant. Shwami Nath Bhagati as a result, he fell dawn and started crying. The accused persons threatened the informants parents and in the night at 8 Oclack, the accused persons all variously armed came to the house of the informant. It has been alleged that the accused Han Kirtan Sah assaulted the uncle of the informant on his head and accused Dudh Nath Bhagat assaulted the informants father. Thereafter all the accused persons assaulted them with lathi and when the informant raised alarm the witnesses Mukh Lal Bhagat and Radha Bhagat came at the place of occurrence. It has been stated that they were also assaulted by the accused and thereafter, the accused persons fled away. The Police, after completion of the investigation, submitted charge-sheet against all the accused persons and cognizance was taken by the Chief Judicial Magistrate and the case was committed to the Court of Sessions far trial.

(3.) Learned Counsel for the petitioner has submitted that under Section 32 of the Juvenile Justice Act (hereinafter referred to as the Act) there is provision that the Court below shall hold due inquiry to assertion the age of the accused on the date of commission of offence and the Court below has to examine witness as may be necessary and also to record a finding whether the accused was juvenile or not an the date of occurrence.