J.S.VERMA, G.G.SOHANI
In Re: Rupsingh Devjia – Appellant
Versus
STATE – Respondent
( 1. ) THIS appeal raises the question whether, on construction of the various provisions of the Madhya Pradesh Bal Adhiniyam, 1970 (No. 15 of 1970) (hereinafter referred to as the Bal Adhiniyam), a child within the meaning of that expression as defined in the Act when charged with the offence of murder has also to be dealt with in accordance with the provisions of that Act.
( 2. ) THE appellant Rupsingh, admittedly, aged 14 years when tried for the offence of murder was charged with having committed the murder of Mst. Balgi wife of Nakala of village Jhauli, tahsil Aliraipur, district Jhabua on 14-4-1970. The challan was filed in the Court of the Magistrate First Class, Alirajpur for the said offence against the appellant on 15-5-1970,who after holding an inquiry in accordance with Section 207-A of the Code of Criminal Procedure, 1898 by the order dated 3-9-1970 passed under Sec-213 of the Code committed the appellant for trial by the Court of Session. The first Additional Sessions Judge, Alirajpur after holding the requisite trial on such commitment has held the charge proved and convicted the appellant on 29-1-1971 for the offence of murder under Section 302, Indian Pena
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