HEMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) S.B.Criminal Revision Petition No. 165/2000 under Section 397/401 of the Code of Criminal Procedure, 1973 is directed against the Order dated 3-4-2000 passed by the Additional Sessions Judge, Deedwana (for short, "the trial Court" hereinafter) in Sessions Case No. 54/99, whereby the trial Court determined the age of accused Hari Ram (for short, "the accused -petitioner" hereinafter) below 16 years on the date of alleged commission of the offence, i.e. on 30-10-1998 and declared him as juvenile and directed to be tried by the Juvenile Justice Board, Ajmer. S. B. Criminal Revision Petition No. 199/2005 has been filed by the accused against the order dated 1-2-2005 passed by the trial Court, whereby the trial Court framed the charges against the accused for the offences under Sections 148, 302, 149, 325 read with Section 149 and 323/149, IPC. Aggrieved by the order holding the accused as juvenile, complainant-Hema Ram (for short, "the complainant" hereinafter) has filed S. B. Criminal Revision Petition No. 165/2000 and aggrieved by the order framing the charge, accused has filed S. B. Criminal Revision Petition No. 199/2005.

(2.) I have heard learned counsel for the parties. Perused the impugned order dated 3-4-2000 by which the accused was held to be a juvenile, as also the impugned order dated 1-2-2005 by which the trial court framed charges against the accused.

(3.) So far as the impugned order dated 1-2-2005 framing charges against the accused is concerned, the brief facts giving rise to the instant case are that the complainant lodged a report on 30-10-1998 with the Police Station, Ladnu, district Nagaur, alleging therein that about twenty persons, including the accused-petitioner, started pelting stones, came armed with Lathis and Barchhis and surrounded the house of the complainant situated in Mauja Khokhari in order to commit the murder of complainant's father Poosa Ram. They assaulted Poosa Ram and thereafter he was kidnapped and taken to the house of co-accused Narain Ram and there also, Poosa Ram was given beating by the accused persons, which resulted in his death. It was also alleged that the complainant and his cousin Vikas and Smt. vSantosh w/o Vikas were also given beatings by the accused persons. The police registered Crime Report No. 209/98 for the offences under Sections 147, 148, 452, 323, 325, 336 and 302, IPC. After usual investigation, the police filed the Challan against the accused persons, including the present accused-petitioner. On the case having been committed to the Court of the Additional Sessions Judge, during pendency of the case, an application dated 22-10-1999 was moved by the accused-petitioner seeking to declare him as a juvenile, i.e. below 16 years of age on the relevant date of the occurrence. The trial Court recorded the evidence of the parties and by the impugned order dated 3-4-2000, declared the accused-petitioner as juvenile.