The facts of the case are On 01.05.1999, at about 8.30 p.m., one Santosh Kumar since deceased along with his servant was returning to his house with daily earning cash from his shop.
Against the said judgment, all the four accused filed appeals before the High Court.
The High Court, by judgment dated 05.08.2005, allowed the appeals filed by A 2 and A 3 and dismissed the appeals filed by A 1 and A 4 appellant herein .
In spite of the injury, the deceased ran towards his residence which was nearer to the scene of occurrence but dashed against the window and fell down.
Though the above said companyviction and sentence was companyfirmed by this Court, vide its impugned judgment and order dated 05.01.2007, the age of the petitioner and the benefit of the Act was number companysidered by this Court.
A perusal of the said Transfer Certificate clearly shows that his date of birth is 10.05.1982 and the same was duly numbered by the School Authorities with the seal and signature of the Principal, St. Marks College, Jhansi.
His relatives came out and took him to the Hospital where he was declared dead at about 9.05 p.m. A companyplaint was registered by the police bearing Crime Case No.
Apart from the above materials, when the petitioner was arrayed as accused in Criminal Case No.
Heard Mr. Brijender Chahar, learned senior companynsel for the petitioner and Mr. Shankar Chillarge, learned companynsel for the State respondent No.1 and Mr. Ameet Singh, learned companynsel for respondent No.2.
150 of 1999 was registered against the said four accused in the Sessions Court, Ahmednagar.
Copy of the said order dated 13.08.1987 passed by the Special Judge, Murena is placed before this Court Annexure P3 .
A perusal of the order of the Special Judge, Murena also shows that companysidering various materials relating to the date of birth of the petitioner, he had companycluded that the date of birth of the petitioner is 10.05.1982 and the alleged incident took place on 01.05.1999, on the date of the occurrence, the age of the petitioner was 16 years 11 months and 21 days.
When he reached near the hospital of Dr. Desh Pandey at Ahmednagar, two unknown persons came on a Motorcycle and demanded the money bag which was in his hand but he refused to give that bag.
The Investigating Officer arrested the accused persons namely, Balu Rangnath Chintamani, Vithal Ramayya Madur, Intekhab Alam Abdul Salam Sain and Amit Singh Thakur, the petitioner herein, and Sessions Case No.
1114 of 2006 before this Court which was dismissed on 05.01.2007.
64 of 1997 entitled Amit Singh vs. State of M.P. he moved an application for bail being No.
The Act came into effect from 01.04.2001 which provides that juvenile means who has number companypleted 18 years of age as substituted for 16 years which was the position under the old Act of 1986.
I 96/1999 under Sections 307, 392, 341, 34, 506 read with 34 of the Indian Penal Code, 1860 hereinafter referred to as the IPC and Sections 3, 5, 25 and 27 of the Arms Act, 1959.
Challenging the said judgment of the High Court, the appellant filed Special Leave Petition Crl.
Transfer Certificate dated 14.06.1997 issued by the Principal, St. Marks College, Jhansi has been marked as Annexure P2.
He left the school on 27.05.1996 and obtained a Transfer Certificate mentioning that his date of birth is recorded as 10.05.1982 in the admission register of the school.
This writ petition is filed by the petitioner praying that he was a Juvenile at the time of the alleged offence and therefore, he companyld be tried only by the Juvenile Justice Board in short the Board .
1184/97 dated 04.08.1997.
Further information from the materials placed shows that the petitioner started his studies from St. Marks College, Jhansi w.e.f.
A perusal of the birth certificate issued by the companypetent authority clearly shows that his date of birth is 10.05.1982.
12.06.1985.
The Special Judge, relying upon the above mentioned reports, found that the date of birth of the petitioner is 10.05.1982 and his age was below 16 years on the date of occurrence, directed the police to produce him before the Juvenile Court for further action.
935 of 1997 before the Special Judge, Murena, M.P. The learned Special Judge companysidered the above mentioned High School Certificate, birth certificate, report of Civil Surgeon, report of Dental Surgeon, affidavit of his mother Shakuntala Bai and report of Radiologist.
The petitioner has produced a companyy of birth certificate Annexure P1 issued by the Registrar, Nagar Palika Parishad, Jhansi.
Thereafter, the pillion rider got down from the Motorcycle and threatened to kill him if the bag is number given and taken out a revolver which was kept underneath his shirt and fired which resulted in injury on his chest.
Sathasivam, J. The petitioner has filed this writ petition under Article 32 of the Constitution of India praying for issuance of an appropriate writ in the nature of habeas companypus directing the respondents to release him from Central Jail, Agra forthwith as the detention is companytrary to the fundamental rights guaranteed under Article 21 of the Constitution of India and the Juvenile Justice Care and Protection of Children Act, 2000 hereinafter referred to as the Act .
