Harbans Lal, J. - This petition has been moved by Santokh Singh for setting aside the order dated 6.8.2007 rendered by the Court of learned Additional Sessions Judge, Ambala, whereby he declared Harkirat Singh alias Kirat, a juvenile and gave a direction to the Juvenile Justice Board, Ambala, to inquire into the matter and further gave a direction to the prosecution to file supplementary challan qua juvenile Harkirat Singh alias Kirat on 20.7.2007.

2. The facts giving rise to this petition are that Saranjit Singh, aged about 18 years son of the petitioner Santokh Singh was allegedly murdered by Harkirat Singh respondent and his brother Harvinder Singh. The fatal shot was fired by Harkirat Singh. FIR No. 227 dated 25.12.2006 under Section 302/120- B/34 of Indian Penal Code and 25 of Arms Act was got registered by the petitioner at Police Station Sadar, Ambala. After about 5 months of the occurrence and registration of the case, an application was moved by respondent Harkirat Singh for declaring him a juvenile. In support of his application, he examined his father Balbir Singh, who deposed that 4 sons were born from his loins and his first son was born in the year 1985. He di