ASHWANI KUMAR SAXENA Vs. STATE OF M P

JUDGEMENT

(1.) This revision has been preferred being aggrieved by the Order dated 12.2.2009 passed in Criminal Appeal No. 15/2009 by which Ist Addl. Sessions Judge, Chhatarpur rejected the appeal by affirming the order passed by Chief Judicial Magistrate, Chhatarpur dated 1.1.2009 in Criminal Case No. 2468/2008 whereby the prayer of Petitioner being Juvenile has been rejected.

(2.) According to revision, the incident took place on 19.10.2008 under the jurisdiction of Police Station-Civil Lines, District-Chhatarpur where Darbal Yadav had succumbed to his life, consequently offence punishable under Sections 307, 302/34 read with Section 25/27 of Arms Act was registered vide Crime No. 349/2008. In that case Petitioner was main accused with two other persons, namely, Jitendra Awasthy and Ashish Tiwari. The matter was investigated and challan was filed, undisputed fact is that Petitioner has been punished in Sessions Trial No. 28/09 by Ist Addl. Sessions Judge, Chhatarpur along with other accused persons treating him to be an adult man against which he has filed Criminal Appeal No. 1134/2009 which is pending in this Court.

(3.) The contention of Petitioner is that he is a Juvenile and his date of birth is 24.10.90 so he was minor by five days to complete the age of 18 years on the day of incident. The police has wrongly shown his age more than 18 years so he agitated against it and moved proceeding before Chief Judicial Magistrate, Chhatarpur, who after full enquiry wrongly held on 1.1.09 that age of Petitioner was more than 18 years. Against which an appeal was preferred before Sessions Judge, Chhatarpur and case was heard by Ist Addl. Sessions Judge, Chhatarpur who has also on 12.02.09 rejected the appeal holding the accused-Petitioner to be an Adult. Against this appeal, this criminal revision has been preferred by the accused-Petitioner.