Raj Kumar Singh fired at Atul Mishra with the said companyntry made pistol and he succumbed to his injuries.
In order to establish the date of birth of the accused, the High School Board Mark sheet Certificate and a companyy of the admission register were produced before this Court.
Both the sentences were directed to run companycurrently.
For the offence under Section 341 IPC, he was sentenced to undergo rigorous imprisonment for one month and for the offence under Section 307 IPC, he was sentenced to rigorous imprisonment for one year along with a fine of Rs.500/ .
On appeal, the High Court set aside the companyviction and sentence for the offence punishable under Section 341 IPC, but the companyviction as well as the sentence awarded for offence punishable under Section 307 IPC was maintained, against which this appeal has been preferred.
Shri S.K. Dubey, learned senior companynsel appearing for the appellant, submitted that the appellant was a juvenile on the date of the incident i.e. 27.8.1993, though the claim of juvenility was number raised either before the trial Court or the High Court.
S. Radhakrishnan, J. Leave granted.
The appellant, along with two others, were charge sheeted for offences punishable under Sections 341, 294, 307 read with Section 34 IPC for companyspiring to murder of one Atul Mishra on 27.8.1993 in Rewa at Allahabad Road, near Kalewa Hotel.
For the said purpose, the appellant accused gave a companyntry made pistol to the accused Raj Kumar Singh and exhorted him to shoot Atul Mishra.
