UMESH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application-in-revision filed by Umesh Chandra against an order of the Additional Sessions Judge No. 1, Jaipur City, dated 29th June, 1974, by which the petitioner's prayer for being tried for an offence of murder in accordance with the provisions of the Rajasthan Children Act, 1970, hereinafter referred-to as The Children Act, was rejected.

(2.) THE petitioner Umesh Chandra, who was alleged to be a minor having not attained the age of 16 years, at the time of commission of the aforesaid offence, was charged with having committed the murder of Ajay Singh son of Nand Singh whom he was said to have kidnapped on 12th March, 1973, at 11 a. m. from Gandhi Pathshalla Chaksu, in order that he might be murdered. A report of the incident was lodged with the police at police station, Newai, on 12th March, 1973, at about 2 pm. THE police registered a criminal case under sections 363 and 364, I. P. G against the petitioner and made usual investigation into it. THE petitioner was arrested on 12th March, 1973, and a knife and his clothes were recovered from his house at his instance and in consequence of his information. He gave another information to the police, which led to the recovery of the dead body of Ajay Singh, which was lying near the temple of Bheruji at Newai THE police collected other evidence against the petitioner and eventually filed a challan against him in the court of the Additional Munsiff-Magistrate, First Class No. 1. Tonk, under sections 302, 363 and 364, I. P. C. THE learned Additional Munsiff Magistrate perused all the relevant papers and committed the petitioner to the court of the Additional Sessions Judge, Tonk, for trial the the aforesaid charges. THEreafter, on 4th November, 1973, upon an application for transfer filed by Umesh Chandra the case was transferred by the Sessions Judge, Jaipur City to the court of the Additional Sessions Judge No. 2, Jaipur City for trial in accordance with law. THE Addl. Sessions Judge No. 2, Jaipur City proceeded to try the petitioner but the latter objected to the commencement of the trial on the ground that he being a minor boy having not attained the age of 16 years should be exclusively tried by Children Court only in accordance with the provisions of the Rajasthan Children Act. It appears that the Additional Sessions Judge No. 2, Jaipur City, could not decide the objection raised by the petitioner relating to jurisdiction of his court to try the case as the case was again transferred from his court by an order of the Sessions Judge to the court of the Additional Sessions Judge No. 1, Jaipur City. THE Additional Sessions Judge No. 1 heard the parties and came to a conclusion that the petitioner was not a minor below 16 years of age at the time of commission of the offence and that the Children Court at Jaipur had no jurisdiction to hold an inquiry over the area of Tonk in which the offences were alleged to have been committed by the petitioner. Aggrieved by this order, the petitioner has come-up to this Court in revision.