PREM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgement dtd. 26/4/1989 passed by the leaned Sessions Judge, Jaipur District, Jaipur (for brevity, Rs..00.00.00.00.00learned Trial Court') in Sessions Case No. 96/87 whereby, the appellants were convicted and sentenced as under:-

(2.) The relevant facts in brief are that on the written report dtd. 20/8/1984 (Ex.P31) submitted by Shri Kan Singh (PW-11) with the Police Station Pragpura, an FIR No. 132/84 (Ex.P32) came to be registered against the appellants and co- accused persons wherein, it was alleged that on that very day, at about 4-5 pm, the appellants alongwith co-accused persons attacked the complainant party resulting into death of Shri Gulab Singh and injuries to Shri Harphool Singh. After investigation, the police filed charge-sheet against the appellants and co-accused persons. Charge under Ss. 148, 302, 302/149, 323, 323/149, 324, 324/149, 325, 325/149, 326 and 326/149 IPC were framed against them. The accused pleaded not guilty and demanded trial. After trial, the learned Trial Court convicted and sentenced the appellants for the offence under Sec. 304 Part I IPC and sentenced them as stated hereinabove. However, during pendency of the appeal, the accused appellant No. 2-Ram Kumar Singh expired and it stood abated qua him.

(3.) During pendency of the appeal, the appellant No. 1 filed an application under Sec. 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for brevity, Rs..00.00.00.00.00Act of 2000') stating therein that as per the mark-sheet of Secondary School of Examination-1982 and the certificate issued by the Board of Secondary Education Rajasthan, Ajmer, his date of birth is 5/9/1966 rendering him juvenile on the date of alleged incident, i.e., 20/8/1984 and a prayer was made for adjudication of his juvenility. The application was allowed by this Court vide order dtd. 19/3/2024 whereby, the learned Sessions Judge, Jaipur District, Jaipur was directed to get an enquiry conducted from a competent Court as to juvenility of the appellant No. 1. Pursuant thereto, the learned Sessions Judge, Jaipur District, Jaipur conducted the enquiry himself and vide order dtd. 29/6/2024, found that date of birth of the appellant No. 1 to be 5/9/1966, i.e., juvenile on the date of incident, i.e., 20/8/1984 being the age of 17 years, 11 months and 15 days.