The determination of juvenility under the Juvenile Justice (Care and Protection of Children) Act, 2000, and its retrospective applicability to persons below 18 years at the time of the offense.

JUDGMENT

Arvind Singh Sangwan, J. - Challenge in this appeal is to the judgment of conviction and order of sentence dated 14.02.2003 vide which the appellant Maninder Singh was held guilty for an offence punishable under Sections 460 and 201 of the Indian Penal Code, 1860 (in short 'IPC') and was sentenced to undergo rigorous imprisonment for a period 10 years under Section 460 IPC with a fine of Rs. 2,000/- and rigorous imprisonment for a period of 02 years under Section 201 IPC and to pay a fine of Rs. 1,000/- and in case of default of payment of fine to further undergo rigorous imprisonment for a period of 02 months.

2. Brief facts of the case are that Avinash Chander, brother of the deceased Dr. Ram Kumar lodged a complaint with the Police Station Tanda alleging that on 12.09.1999 at about 05:00 pm, he received a telephonic message at Hoshiarpur that his brother Dr. Ram Kumar Bhatara who was residing at village Rajpur Gahot and his servant Maninder @ Bhaiya were missing from the house. On receipt of the said information, he along with N.D. Bhatare came to village Rajpur Gaot and enquired about their brother from the villagers and they came to know that Kuldip Rai @ Kala and Maninder @ Bhaiya were seen at about 03:00 pm leaving the village on kinetic honda motorcycle of the deceased. Kharak Singh told them that Maninder had told him that deceased had gone to America in the morning. The complainant also searched for Dr. Ram Kumar in the Kothi but his brother was not found. The articles lying in the almirah were found scattered and it appeared that some persons had also searched the articles lying in the house. The complainant suspected that Maninder and Kuldip Rai have murdered Dr. Ram Kumar on the intervening night i.e. on 11/12.09.1999 and have concealed his dead body and they have done so with the intention to commit theft in the house of the deceased. On the statement of Avinash Chander, Inspector Jaswant Singh got registered a case under Section 460 and 201 IPC, who conducted the investigation and also got recorded the statement of witnesses. Inspector Jaswant Singh also called the finger print expert and dog squad and also prepared rough site plan. Thereafter, on search of the house, the dead body of Dr. Ram Kumar was seen underneath the heap of fire wood. Inquest report was prepared and the dead body was forwarded for post-mortem examination. From the search of room of Maninder, blood stained khes and pair of chappal as well as clothes of deceased, were taken into possession. On 14.09.1999 Prabh Dyal, SI PTC, Phillaur had taken the photographs of the finger prints from the almirah and gave his report. On 16.09.1999, both the accused were arrested and Kuldip Rai made disclosure statement that he had kept concealed gold chain, 04 gold bangles and Rs. 40,000/- in cash in a trunk lying in the store of his house and he offered to get the same recovered and then, he got recovered the aforesaid articles, which were identified by Smt. Raj Bhatara wife of deceased. From the personal search of Kuldip Rai Rs. 1209/- were also recovered along with challan chit of kinetic honda motorcycle. Site plan of the place of recovery was prepared. On the same day, Maninder was also interrogated and he disclosed that he had kept concealed a dater in the heap of fuel wood lying in the kitchen of the doctor and he got the same recovered. Thereafter, on completion of the investigation, challan was presented before the trial Court and the accused were charge-sheeted for an offence punishable under Sections 460 and 201 IPC, to which they pleaded not guilty and claimed trial.

3. Thereafter, the prosecution in order to prove its case examined PW1 Manjinder Singh PSC, PW2 Bakshish Singh, PW3 Kharak Singh, PW4 Smt. Raj Bhatara, PW5 Gurmail Singh, PW6 Kuldip Singh, PW7 Jatinder Sharma, PW8 Jagdish Bhatara, PW9 Avnish Chander Bhatara, PW10 SI Parabh Dayal, PW11 SI Darshan Singh, PW12 ASI Ram Kumar, PW13 Kewal Singh MHC, PW14 Agnool PW15 Inspector Jaswan