DHANJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the order dated 12,5.2003 passed by the Additional Chief Judicial Magistrate, Chapra in U.T. No. 134 of 2003 (ST. No. 495 of 2003) arising out of Taraiya P.S. Case No. 54 of 2002, whereby the prayer made by the petitioner to declare him a juvenile, has been rejected. Further prayer made by the petitioner is to set aside the order dated 28.6.2003 passed by the Sessions Judge, Saran at Chapra in Cr. Appeal No. 54 of 2003 whereby the appeal preferred against the aforesaid order, has been dismissed.

(2.) Short facts giving rise to the present application are that the petitioner is an accused in Taraiya P.S. Case No. 54 of 2002 registered under Sections 302, 201 and 201/34 of the Indian Penal Code. Petitioner filed application claiming himself to be a juvenile. The Additional Chief Judicial Magistrate, Chapra, by order dated 18.6.2001 (Annexure-3), declared him to be a juvenile. Thereafter the petitioner filed application for grant of bail. The Additional Chief Judicial Magistrate, by order dated 25.6.2001 rejected the petitioner's prayer for grant of bail. Petitioner thereafter filed Cr. Appeal No. 73 of 2001 and the Sessions Judge, Saran at Chapra, by judgment dated 23.7.2001, disposed of the appeal, set aside the order of the Additional Chief Judicial Magistrate dated 18.6.2001 declaring the petitioner to be a juvenile and directed to hold a fresh inquiry. After the remand of the matter to the Court of the Additional Chief Judicial Magistrate, one witness was examined on 24.3.2003 who produced the school records. Petitioner was further examined by a Medical Board under the orders of the Court and the Medical Board submitted its report dated 22.11.2002 holding the petitioner to be between the age of 18-19 years. The occurrence of this case had taken place on 14.6.2000. The Additional Chief Judicial Magistrate by the impugned order dated 12.5.2003 held the petitioner not to be juvenile and while doing so, he observed as follows :--

(3.) Aggrieved by the same, petitioner preferred appeal and the Sessions Judge, Chapra by judgment dated 28.6.2003 passed in Cr. Appeal No. 53 of 2003, dismissed the same,