UMESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, Umesh Singh, has been convicted under Sections 307 and 379 of the Indian Penal Code by judgment and order dated 22.1.1998 and 23.1.1998 respectively passed by Sri Binoy Kumar Sinha, llnd, Additional Sessions Judge, Ara, in Sessions Trial No. 14/90 and sentenced to undergo rigorous imprisonment for seven years under Section 307 of the Indian Penal Code and one year under Section 379 of the Indian Penal Code. Both the sentences were to run concurrently.

(2.) The prosecution case, in short, is that the informant was ready to leave for his home from his shop, when Umesh Singh, the appellant came to the shop of the informant and accompanied him on the bicycle. Both of them sat on a bicycle and proceeded towards the village. On the way, the appellant is said to have stopped the bicycle and demanded the key of the shop belonging to the informant. When the informant refused to handover the key, it is alleged that the appellant gave him a farsa blow on the neck.

(3.) A short point has been raised on behalf of the appellant which is that it is stated that the appellant was aged 16 years and, therefore, entitled to the benefit of Juvenile Justice (Care & Protection of Children) Act, 1986 (hereinafter referred to as "Juvenile Justice Act"). The occurrence took place on 19.6.1986. The appellant filed an application on 26,6.86 stating that he is a juvenile. The court below called for a report on from the Civil Surgeon on 26.6.86. The Civil Surgeon submitted his report that the appellant was aged about 16 years. The Chief Judicial Magistrate rejected the report submitted by the Civil Surgeon by order dated 25.7.86 on the ground that his physical appearance did not disclose that the appellant was only 16 years of age.