VIRENDRA SINGH,J. - (1.) THIS appeal is filed by Sri Ashish Sharma the accused who is convicted in Sessions Trial No. 89/1999 by Additional Sessions Judge (Court No. 1), Barabanki arising out of Case Crime No. 1154/1999 for the offence u/s 147/148/149/302 IPC, P.S. Kotwali, District Barabanki and is sentenced for the offence u/s 147 IPC for a period of one year imprisonment, for the offence u/s 148 IPC for a period of two years imprisonment, for the offence u/s 302/149 IPC for a period of life imprisonment and a fine of Rs. 5,000/- and in default of payment of fine for a period of two years additional rigorous imprisonment.
(2.) WE have heard learned counsel for the appellant as well as learned AGA on behalf of the State and perused the record. Before us, this appeal is pressed merely on this ground on behalf of appellant that the appellant is in jail in connection of the judgment and order dated 29.10.2004. It is significant to mention that the appellant's date of birth is 05.08.1981 as per high school certificate and on the date of occurrence, i.e. 11.11.1998, the appellant was 17 years 2 months and 6 days old which shows that the appellant was a juvenile at the time of the alleged occurrence in the light of provisions of juvenile justice Act of 2000. As per the age mentioned in the proceedings relating to Section 313 Cr.P.C. taken place on 15.09.2001, the appellant had stated that he is about 20 years old, learned Trial Court has also stated in its judgment dated 29.10.2004 that as per the statement of the counsel of the accused, the accused persons are about 23 and 25 years old. This fact does also support the version of the appellant that he was juvenile at the time of the occurrence. The learned Trial Court thereby ignoring the fact that the appellant was a juvenile on the date of occurrence sentenced the appellant erroneously and therefore, the sentence of the accused appellant is bad in the eyes of law.
(3.) AS per the contention of the learned AGA on behalf of the State, the judgment and order thereby sentencing the accused for the alleged offences is not erroneous which is based on proper appreciation of evidence on record by the learned Trial Court. There is ample evidence on record to support the prosecution story and the learned Lower Court has rightly held that the accused appellant is guilty for the offence u/s147/148/302 read with Section 149 IPC. So far as the question of age of the accused is concerned, it is true that the date of birth of the accused appellant is 05.08.1981 as per record of Government College, Barabanki which is furnished on record by the appellant, but the appellant is not entitled for the benefit of Juvenile Justice Act, being not a juvenile below 16 years of age at the relevant date of occurrence in the light of provision of the Juvenile Justice Act of 1986 which was applicable at the time of alleged occurrence restricting the age of a Juvenile up to 16 years.;