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2009 Supreme(SC) 919

S.B.SINHA, CYRIAC JOSEPH
Ram Suresh Singh – Appellant
Versus
Prabhat Singh @ Chhotu Singh – Respondent


Advocates appeared:
For the Appellant:Praneet Ranjan, Ajay Amritraj, Advocates. For the Respondents:Sishir Pinaki, Kumar Ranjan, Alok Kumar, Manish Kumar, Gopal Singh, Advocates.

Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Respondent no.1 is facing trial in Nava Nagar P.S. Case No.102 of 2003 on the charge of committing murder of one Tribhuvan Singh. Appellant before us is the uncle of the deceased.

3. Before the learned trial Judge, a plea was raised by him that he was a juvenile. In support of the said plea, entries in the admission register/certificate in the Government Secondary School, Navanagar, Buxar, in which he took admission on 22nd January 1996 and studied up to 31st December 1999, were produced. The said certificate was issued on 23rd February 2000, the relevant portion whereof reads as under :

"1. Name of Student : Prabhat Ranjan

2. Fathers/Guardians Name: Shri Rajkishor Singh

3. Permanent Address : Vill-Amir Pur, Post Navanagar Distt-Buxar (Bihar)

4. Date of first admission in the school : 22.01.1996

7. Date of Birth in Admission Register (in number and : 10.02.1987 Words) : Tenth February Eighty Seven

8. Date of Leaving the School: 31.12.1999

9. At the time of leaving School studying in which Class : 8th"

XXX XXX XXX

4. The said admission register/certificate, thus, shows that the date of birth of the accused is 10.02.1987.

5. A xerox copy










































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