MEHTA,J. - (1.) Through this appeal under Section 374 (2) Cr.P.C., the appellant Vinod Kumar has approached this Court for assailing the judgment impugned dated 26.03.2003 passed by learned Addl. Sessions Judge (Fast Track), Sirohi in Sessions Case No.49/2001 (28/99) whereby the appellant was convicted and sentenced as below:- Under Section 302 Life Imprisonment and a fine of Rs.2,000/-. In default of payment of fine to further undergo one year's imprisonment.
(2.) An incident of violence took place in the intervening night of 06.10.1998 and 07.10.1998 in the Rawal Brahmin Hostel, Sirohi. The FIR (Ex.P/7) was lodged by Dinesh Kumar to the SHO PS Sirohi on 07.10.1998 at 9:00 am alleging that his cousin brother Paresh Kumar Rawal had been murdered by inflicting a knife blow. Charge sheet for offence under Section 302 IPC was came to be filed against the accused appellant Vinod Kumar whereas proceedings qua the co-accused Mahendra Kumar, who was attributed offence under Section 212 IPC were deferred.
(3.) It is relevant to mention here that the school record of the appellant was seized by the IO during the course of the investigation and the seizure memo Ex.P/10 refers to the identity card of the appellant issued from the Govt. Senior Secondary School, Sirohi, wherein his date of birth was recorded as 27.07.1981. While the trial of the case was underway, the Juvenile Justice (Care and Protection) Act, 2000 came into force. As per Section 2(l) of the Act of 2000, "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence and has not completed eighteenth year of age as on the date of commission of such offence. Section 7A of the Act of 2000 deals with the procedure to be followed when claim of juvenility is raised before the court and is reproduced hereinbelow for ready reference:- "Section 7A. Procedure to be followed when claim of juvenility is raised before any court.- (1) whenever a claim of juvenility is raised before any court or a court is of the opinion that an accused person was a juvenile on the date of commission of the offence, the court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) so as to determine the age of such person, and shall record a finding whether the person is a juvenile or a child or not, stating his age as nearly as may be: Provided that a claim of juvenility may be raised before any court and it shall be recognized at any stage, even after final disposal of the case, and such claim shall be determined in terms of the provisions contained in this Act and the rules made thereunder, even if the juvenile has ceased to be so on or before the date of commencement of this Act. (2) If the court finds a person to be a juvenile on the date of commission of the offence under sub-section (1), it shall forward the juvenile to the Board for passing appropriate orders and the sentence, if any passed by a court shall be deemed to have no effect." ;