MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was placed on trial before the learned Additional Sessions Judge, Sikar in Sessions Case No. 24/96 for having committed murder of Parma Devi. Learned Trial Judge vide judgment dated 3/07/1997 convicted and sentenced the appellant as under : U/S. 302, IPC to undergo Imprisonment for life and fine of Rs. 1000/- in default to further suffer Three months' Simple Imprisonment. U/S. 452, IPC to undergo Six Months' Rigorous Imprisonment and fine of Rs. 200/- in default to further suffer One Month Simple Imprisonment. U/S. 324/34, IPC to undergo Six Months' Rigorous Imprisonment and fine of Rs. 200/- in default to further suffer One Month Simple Imprisonment. All the sentences were ordered to run concurrently.

(2.) As per written report Ex. P-18 the incident occurred on 13/05/1993 around 4.30 p.m. and the police station Laxmangarh registered a case against the appellant under Sections 147, 148, 149, 302, 452, 323 and 379, IPC. The appellant was arrested on 5/04/1996 and learned Additional Sessions Judge, Sikar proceeded with the trial and convicted and sentenced the appellant as indicated above. It is not necessary to incorporate the facts of the case as the learned counsel for the appellant did not assail the finding of conviction recorded by the learned trial Judge. The only contention advanced before us was that on the date of the incident the appellant was less than eighteen years of age and as per Section 2 (k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'JJ Act') was juvenile, therefore, in view of Section 20 of the JJ Act the appellant could not have been sentenced.

(3.) Pursuant to our direction the learned Additional Sessions Judge Sikar made an enquiry about the age of the appellant and on the basis of Secondary School Examination Certificate and other evidence observed that the date of birth of the appellant was 15/06/1975 and on the date of incident the age of the appellant was 17 years, 10 months and 28 days.