Criminal Misc.
The High Court took into the companysideration the birth certificate issued by Registrar Birth Death , Haansi where date of birth of appellant son of Davender and Indu was recorded as 17.08.1981.
Application No.20593 of 2014 was filed by the appellant under Section 391 read with Section 482 Cr.
Shri Neeraj Jain, learned senior Advocate appearing for the appellant submits that appellant has right to raise the issue of juvenility at any stage, hence, even if his applications for submitting additional evidence in support of his case of juvenility, has been dismissed as withdrawn, he still can raise the issue in this Court in the present appeal.
On behalf of the appellant a certificate from the Principal of St. Kabir School, Hisar was submitted wherein date of birth of Gaurav was recorded as 17.08.1982.
P.C. for placing on record the secondary matriculation certificate of National Open School, Government of India New Delhi dated 23.05.2000, migration certificate of National Open School Government of India New Delhi dated 01.08.1999 and identity card of the appellant issued by the National Open University as additional evidence for taking the plea of applicant appellant being juvenile on the date of the incident 24.05.2000.
The High Court vide Order dated 24.03.2003 while issuing numberice on the application for bail ordered that in the meanwhile a report of the learned Sessions Judge, Hisar be called as to whether Gaurav Kumar applicant was a Juvenile on the date of companymission of offence and on the date of framing of charge.
127 S.C. of 2005.
The report was submitted to the High Court.
The date of incident is intervening night of 23rd/24th May, 2000, in which incident one Sher Singh was beaten, who was taken to the hospital and after recording of his statement he died.
937 of 2002.
Learned Sessions Judge companyducted an inquiry in which oral as well as documentary evidence was taken from both the parties.
The State submitted Birth Certificate exhibit R 1 issued by the Registrar Birth Death Municipal Council, Haansi where date of birth of son of Devender and Indu is recorded as 17.08.1981.
One of the grounds taken in the appeal was that appellant was less than 18 years of age on the date of incident.
20593 of 2014 learned companynsel for applicant appellant did number press other criminal miscellaneous applications which were also dismissed as withdrawn by Order dated 30.01.2015.
Application No.26949 of 2014 for placing on record additional affidavit of the appellant and also for placing on record true companyy of Ration Card and for exemption from filing certified companyy of Annexure A Criminal Application No.
A mark sheet issued by National Open School, New Delhi of Secondary School Examination of Gaurav Ghatarwal was also submitted wherein date of birth was recorded as 17.08.1982.
Another Criminal Application No.
Before the Sessions Judge the statement of Davender s o Hari Singh father of appellant was also recorded who also was cross examined.
These appeals have been filed by appellant against the order dated 30.01.2015 of the High Court by which order the applications filed by the applicant appellant were dismissed as withdrawn.
In view of Order passed in Application No.
The applications, thus, were dismissed as withdrawn.
Brief facts necessary to be numbericed for deciding these appeals are The F.I.R. dated 24.05.2000 was registered under Section 323, 506, 148, 149, 170, 171 302 Signature Not Verified Digitally signed by ARJUN BISHT IPC against the appellant and other accused.
3118 of 2015 in Criminal Misc.
ASHOK BHUSHAN, J. Leave Granted.
The Sessions Judge vide his judgment and order dated 12.11.2002 companyvicted the appellant and one Hans Raj under Section 302 IPC read with Section 34 IPC by Order dated 14.11.2002 and both were sentenced for life with fine of Rs.500/ .
These appeals have been filed by the appellant challenging the Order dated 30.01.2015 passed by the Punjab Haryana High Court dismissing three applications as withdrawn filed in Criminal Appeal No.
The District Sessions Judge, Hisar after companysidering the materials received in the inquiry including the oral evidence of father of the appellant held that date of birth of the appellant is 17.08.1981, hence, on the night intervening 23rd/24th May 2000, the applicant appellant Gaurav Kumar was more than 18 years of age.
The Date 2019.02.16 104340 IST Reason accused including the appellant were tried by Additional Sessions Judge, Hisar in Criminal Case No.
Criminal Appeal No.937 of 2002 was filed by the appellant against the Order of companyviction and sentence in the High Court of Punjab Haryana.
20593 of 2014 came for companysideration before the High Court on 30.01.2015.
