1This matter arising in Calendar Revision in pursuance of an order passed by a learned Single Judge of this Court issuing notice to the parties in Sessions Case No. 66 of 1979 on the file of the Court of Sessions, Kottayam, raises a question of importance relating to the forum for the trial of a child for an offence punishable under S.302 IPC.

2The point that arises for determination in this revision is whether the trial of Jojo, aged 12,4th accused in Sessions Case No 66 of 1979 before the Court of Sessions, Kottayam, along with 1st, 2nd, 3rd and 5th accused, who are all adults, is proper and legal in view of the express prohibition of such a trial under S.23 of the Kerala Children Act, 1972 (Act 3 of 1973) (hereinafter called the 'Act' or the 'Kerala Act'). In pursuance of an order of committal passed by the Judicial Magistrate of the First Class, Palai, the learned Sessions Judge, Kottayam. took cognizance of the offences alleged to have been committed by the accused persons, numbered the case as SC. No. 66 of 1979 and after hearing both parties and on consideration of the records before him, framed a charge against the accused persons for offences punishable under S.143, 148,