1. Heard learned counsel for the petitioner and learned counsel for the State.

2. Petitioner is, if major, an accused for the offence under Section 302/34 of the I.P.C. in Murar P.S. Case No. 36 of 2007. A claim was made on his behalf in Trial Court about his being juvenile. Enquiry was also conducted. Several documents including horoscope, Admit Card, Transfer Certificate of the School (verified by original register) in which he has been shown failed in matriculation examination are filed in the case.

3. Oral witnesses are there also on the point of age including a report from duly constituted Medical Board. Opinion of the Medical Board is about being petitioner 21 years on 3.2.2010 showing more than 18 years on the date of occurrence i.e. 29.9.2007. A single legal point is raised and pressed that opinion of the Medical Board can be obtained in absence of matriculation or equivalent certificate, certificate from the first attended School (other than play school) and certificate from Municipal Corporation or Municipal Authority or Panchayat. Transfer Certificate filed on behalf of the petitioner followed by admit card concerning appearance in matriculation examination of t