Honble LAL, J.–This revision petition under Section 397 read with 401 of the Code of Criminal Procedure, 1973 (in short `the Cr.P.C.) calls in question the correctness, legality and propriety of the order dated 30.1.2006 vide which the learned District & Sessions Judge, Jaipur City, Jaipur has dismissed the Criminal Appeal No. 413/2005 and has up-held the order dated 10.12.2005 passed by the Juvenile Justice Board, Jaipur holding that the petitioner was more than 18 years of age on the date of occurrence.

(2). Briefly stated, the relevant facts giving rise to this petition and necessary for its disposal are that at about 9.30 a.m. On 10.8.2003, complainant Shabbir Ali came from outside. Idris and Jafar were present there duly armed with Guptinuma Katar. Idris inflicted injury to him and then to complainants brother Tanna @ Hasan Ali. Jafar gave him a gupti blow on the chest. The injured was taken to the hospital in a Taxi. On this report, the FIR No. 130/2005 was registered at PS Subhash Chowk, Jaipur for the offence under Section 307/34 IPC. The injured succumbed to his injuries. So, the offence under Section 302 IPC was added. After investigation, charge-sheet was filed. The case

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