MAHAVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 8.4.1981 passed by learned Additional Sessions Judge, Kishangarh Bas, Camp at Alwar, whereby he convicted the appellant for the offence Under Section 302 IPC and sentenced him to life Imprisonment an a fine of Rs. 500/ - and in default of payment of fine to further undergo R.I. for five months.

(2.) STATED in succinct, the prosecution case is that on 28 October, 1979 at about 9.00 A.M. the appellant Intentionally dealt axe blows and caused fatal injuries to Smt. Ball, who was carrying the tiffin for her daughter. On the report (Ex.P. 2) lodged by Makhan, FIR Ex.P. 3 was drawn at Police Station Bansur and after usual investigation a challan was filed against the appellant in the court of learned Munsif and Judicial Magistrate, Behror, who in turn committed the case to the Sessions.

(3.) DURING the pendency of this appeal an application Under Section 26 of the Rajasthan Children Act, 1970 (In short the Act) was filed on behalf of the appellant that he was born on 8.2.1964, that on the date of occurrence i.e. on 28th October, 1979, he was below 16 years and as such he was a 'child' within the meaning of Section 2(d) of the Act and it was prayed that necessary orders for his release be passed In accordance with law.