M.A. Siddiqui, Jut. This revision has been preferred being aggrieved by the order dated 12.2.2009 passed in Criminal Appeal No. 15/2009 by which 1st Addl. Sessions Judge, Chhatarpur rejected the appeal by affirming the order passed by Chief Judicial Magistrate. Chhatarpur dated 1.1.2009 in Criminal Appeal No. 2468/2008 whereby the prayer of petitioner being Juvenile has been rejected.

2. According to revision the incident took place on 19.10.2008 under the jurisdiction of police Station-Civil Lines, District-Chhatarpur where Darbal Yadav had succumbed to his life, consequently offence punishable under section 307, 302/34 read with section 25/27 of Arms Act was registered vide Crime No. 349/2008. In that case petitioner was main accused with two other persons, namely, Jitendra Awasthy and Ashish Tiwari. The matter was investigated and challan was filed, undisputed fact is that petitioner has been punished in Sessions Trial No. 28/09 by 1st. Addl. Sessions Judge, Chhatarpur along with other accused persons treating him to be an adult man against which he has filed Criminal Appeal No. 1134/2009 which is pending in this Court.

3. The contention of petitioner is that he is a Juvenil