J.P.Singh, J.

1. This revision petition is directed against the order dated 15-3-1997, by which the Court below has refused to hold the petitioner as minor on the date of occurrence and to be tried by Juvenile Court.

2. The prosecution case in short is that one Om Prakash Rat of Mahipura gave his statement on 17-3-1995 before the Officer-in-Charge. Jandaha, that at about 5.00 p.m. he along with Ram Kant Rat was talking at the shop of Dorik Das. In front of that shop Maheshwar Rat and Ranjit Kumar Rai were standing. Maheshwar Rat said that he will pour colour upon him which caused annoyance to Ranjit Rat and he assaulted Maheshwar Rat with brick. He fell down and died accused Ranjit Rat fled away towards north. On the basis aforesaid information Jandaha P.S. Case No. 17/95 under Sec. 302 of the Indian Penal Code was instituted. The Police after completion of the investigation submitted chargesheet against the accused person. Cognizance was taken and the case was committed to the Court of Sessions which is pending before the Addl. Session Judge. Vaishali at Hajipur.

3. It appears that a petition was filed by the petitioner on 5-3-1997 stating therein that the accusedpetitione