( 1 ) APPELLANT Khalilullah is alleged to have committed the murder of one Rashidullah on 18-9-1980. After due investigation, the police filed the challan before the Magistrate for an action under S. 209, Cri. PC for commitment of the case to court of Session the offence being triable exclusively by Court of Session. The learned Magistrate by order dt. 28-1-1981 committed the case to the Court of Session and forwarded the papers accordingly to that Court. The Sessions Judge, however, took up the matter only on 17-2-1981 and proceeded to try the appellant. Meanwhile, the Madhya Pradesh Bal Adhiniyam, 1970 (Act No. 15 of 1970) was made applicable to Raisen district with effect from 15-2-1981, vide notification No. D. 739-6835-XXVI-81, dt. 5th Feb. 1981, and in exercise of powers under S. 4 of that Act, a Juvenile Court was constituted for Raisen district. After trial, the learned Sessions Judge found the appellant guilty and by judgment dt. 24-6-1981 convicted him under S. 302, Penal Code, and awarded a sentence of rigorous imprisonment for life.

( 2 ) WITHOUT addressing on the merits of the case, Shri A. Usmani, learned counsel for the appellant, made an application