SUNIL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Rd: Interlocutory Application No. 155 of 2018 The present Interlocutory Application, has been filed for a declaration that appellant no. 1 Sunil Kumar Singh was juvenile on the date of occurrence and, therefore, the matter may be remanded back to the Juvenile Justice Board for consideration afresh.

(2.) Prosecution case in brief is that on 27.06.91 at 4.10 P.M. , Inspecctor of Town Police Station received information from Navin Talkies that one person has been stabbed with dagger inside the cinema hall and for that three persons have been caught, on which, he proceeded towards the place of occurrence and by the time, he could reach the place of occurrence, the injured was already taken to hospital for treatment. He brought the three apprehended persons to the police station. Thereafter, the police went to the sadar hospital to record the statement of the injured but as the condition of the injured was not well, the statement could not be recorded. Thereafter the police again went to the injured to record his statement but as he was referred to the Patna Medical College and Hospital (PMCH), he could not record his statement and in absence of statement of the injured, the S.I. Rajendra Pratap Singh, got his own statement recorded.

(3.) On the basis above, a case bearing, Hajipur Town P.S. Case No. 175/91 was registered and post investigation, charge-sheet has been submitted and cognizance of the offence was taken. Accordingly the case was committed to the court of sessions, which ultimately came to the file of Anil Kumar Srivastava, Additional District & Sessions Judge VI, Hajipur for trial and disposal.