SHRI KANT TRIPATHI,J. - (1.) HEARD the learned counsel for the revisionist and the learned AGA for the State of U.P. and perused the record.
(2.) IT appears that the Additional Sessions Judge, Court No.2, Gonda has passed the order dated 6.3.2010 in S.T. No. 277 of 1993 (State Vs. Baldev and others) declaring the respondent no. 2 as a juvenile on the basis of his date of birth recorded in the school record. According to the prosecution case, the occurrence took place on 24.3.1993 and the date of birth of the respondent No. 2, according to the school record, is 30.9.1977, therefore, the respondent no.2 was juvenile on the date of the occurrence.
(3.) THE learned Additional Sessions Judge was perfectly justified in placing reliance on the school record duly proved by C.W. 1 Devendra Kumar and CW 2 Santosh Kumar. The finding of fact based on legal evidence can not be interfered with in exercise of revisional jurisdiction.;