ARJUN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the impugned orders passed by the Additional Chief Judicial Magistrate, Nagaur and the Additional Sessions Judge, Nagaur.

(2.) This petition has been filed by Arjun Ram who is the father of accused Prem Raj. It appears that Additional Chief Judicial Magistrate, Nagaur took cognizance of the offence punishable u/S. 302 IPC on the basis of the report submitted by the police u/S. 173 Cr. P. C. According to prosecution, accused Prem Raj committed the murder of his younger brother Ramesh. Before the case was committed to the Court of Sessions by the Additional Chief Judicial Magistrate, Nagaur, an application was filed by Arjun Ram, father of accused Prem Raj, on 8th January, 98 in the Court of Additional Chief Judicial Magistrate, Nagaur, praying that the case be sent to the Juvenile court as the accused was a 'juvenile' on the date of occurrence. The application was filed u/S. 8 of the Juvenile Justice Act, 1986.

(3.) The Additional Chief Judicial Magistrate, Nagaur gave opportunity to the parties to produce evidence about the age of the accused Prem Raj. Arjun Ram A.W.1 and Smt. Kamla A.W.2 were examined on oath. Entries of the School Register were also produced in evidence. Medical examination of accused Prem Raj was also got done and the Medical Board opined that the age of the accused Prem Raj was between 13 to 14 years. After hearing both the parties, the learned Additional Chief Judicial Magistrate, Nagaur rejected the application dated 8th January, 98 filed by Arjun Ram. The ground for rejection was that in the opinion of the learned Additional Chief Judicial Magistrate, Nagaur the case of Prem Ram was not a 'juvenile' in view of the school certificate showing that his date of birth was 20th July, 1981.