Majority Judgment

H.K. Sema, J.—[On behalf of N. Santosh Hegde, S.N. Variava B.P. Singh and for Himself]

Leave granted.

2. This appeal is directed against the judgment and order dated 10.9.2001 passed by the High Court of Jharkhand at Ranchi in Criminal Revision No. 98 of 2001.

3. Briefly stated the facts giving rise to the filing of the present appeal are as follows:–

First Information Report was lodged before the police in Bakaro city registered as P.S. case No. 1/99 dated 1.1.1999 for the offence under Sections 364A, 302/201 IPC read with Section 120B IPC to the effect that on 31.12.1998 the appellant was alleged as one of the conspirators to have caused the death of the deceased by poisoning. On the basis of the FIR the appellant was arrested and produced before the C.J.M. Chas on 22.11.1999. On production, the learned CJM assessed the age of the appellant to be around 18 years old. On 28.2.2000, a petition was filed on behalf of the appellant claiming that he was a minor on the date of occurrence i.e. 31.12.1998, whereupon the learned CJM transmitted the case to the Juvenile Court. The appellant was produced in the Juvenile Court on 3.3.2000. On his production the Juvenile Court as