Gurmat Singh alias Monu vs State of Punjab

M.L. Singhal, J.

This is Criminal Misc. No. 19283M of 1998 whereby Gurmat Singh alias Monu has prayed for the grant of bail to him in case FIR No. 151 dated 24.11.1997 registered under Sections 302/325/324/323/148/149 of the Indian Penal Code at Police Station, Sultanpur Lodhi. He has also prayed that the order of learned Sessions Judge, Kapurthala dated 21.4.1998 (Annexure P5) be set aside and he be adjudged a juvenile for being tried by a juvenile Court under the Juvenile Justice Act.

As per allegations which are made out from the reading of the first information report, for the past 2/3 days prior to 23.11.1997, Piara Singh son of Sewa Singh, Balwinder Singh alias Rana, Jaswinder Singh son of Piara Singh, Deep son of Naranjan Singh, Sonu and Monu sons of Pritam Singh used to sit on the firewood in front of the house of Gurdial Singh and Jassa Singh alias Pamma and they used to talk in abusive language in the evening under the influence of liquor. On 23.11.1997 at about 7.00 PM they were abusing. Jassa Singh alias Pamma asked them to stop abusing and they went away. After 5/7 minutes Piara Singh son of Sewa Singh armed with Dang, Balwinder Singh alias Rana son of Piara Singh armed with a dagger, Jaswinder Singh son of Piara Singh armed with Dang, Sonu son of Pritam Singh armed with dattar and Monu son of Pritam Singh armed with dang and Deep son of Niranjan came in front of the house of Gurdial Singh. Piara Singh and Deep raised lalkara catch hold of Jassa Singh and show him the consequences of asking them not to sit in front of the door. Piaa Singh attacked Jassa Singh with his Dang and the Dang fell on his nose. Balwinder Singh alias Rana attacked Jassa Singh with the dagger and the dagger blow fell on the right side of his abdomen. Charan Singh came forward to rescue Jassa Singh and Jaswinder Singh attacked him with his Dang and the Dang blow fell on his left eye. Sonu son of Pritam Singh attacked Charan Singh with dattar and dattar blow fell on his forehead. Monu son of Pritam Singhpetitioner herein gave dattar blow which fell on the nose of Charan Singh. Charan Singh fell down. He got hurt on his right elbow. Jassa Singh alias Pamma and Charan Singh were taken to Civil Hospital, Sultanpur Lodhi where Jassa Singh expired.

Learned counsel for the petitioner submitted that so far as Gurmat Singh alias Monupetitioner is concerned, no blow whatsoever on the person of Jassa Singh has been attributed to him. It was submitted that if there was any intention, that could be so far as the causing of injuries to Charan Singh is concerned. It was further submitted that with regard to Jassa Singh at best the intention could be that he should be dealt grievous injuries. It was further submitted that assuming that Gurmat Singh alias Monu had the necessary intention, he was a juvenile on the date of the commission of offence and therefore, he should have been allowed bail. It was submitted that he was born on 8.5.1982 as per birth entry (Annexure P1) appearing in the register of births and deaths maintained by the Registrar of Deaths and Births, Sultanpur Lodhi. Learned counsel submitted that so far as entry recorded in the register of births and deaths, maintained by the Registrar of births and deaths is concerned, presumption of correctness should be attached to it because the boy was born on 8.5.1982 and the birth was recorded on 10.5.1982 and the birth took place in Civil Hospital, Sultanpur Lodhi. He further submitted that in the school leaving certificate also he was shown to have been born on 1.4.1982. He submitted that be that as it may, on 23.11.1997, he was less than 16 years old.

Faced with this position, learned AAG Punjab assisted by Shri S.S. Sidhu, Advocate submitted that no value should be attached to the birth entry because prior to marriage child''s mother Gurdip Kaur was known as Karamjit Kaur and in the voters list of 1977 also, she was recorded as Karamjit Kaur. It lay upon Gurmat Singh alias Monu to prove by very cogent and reliable evidence that he was a juvenile on the date of the commission of offence and was triable by a Juvenile Court and not by an ordinary Court of Session.

Petitioner appears to be a juvenile on the date of the commission of offence in view of 8.5.1992 having been recorded as the date when he was born, in the register of births and deaths maintained by the Registrar of Births and Deaths, Sultanpur Lodhi. No value can be attached to the date of birth recorded in the school leaving certificate as it is not a Government School and the act of recording him as having been born on 1.4.1982, is not the act of any Government official.

In view of what has been stated above, I feel bail should be allowed to the petitioner. So bail to him to the satisfaction of the learned trial Court. JUDGMENT Annexure P5 passed by the learned Sessions Judge, Kapurthala is set aside and the learned Sessions Judge, Kapurthala is directed to determine afresh whether Gurmat Singh alias Monu was or was not a juvenule on the date of the commission of offence. He should particularly focus his attention on determining whether the certificate of birth Annexure P1 relates to him and Monu figuring therein whose mother''s name is Gurdip Kaur and father''s name is Pritam Lal was this child or some other child. He will also focus his attention to determining whether Karamjit Kaur became Gurdip Kaur after her marriage to Pritam Lal and it was she who delivered this child. Whether Gurmat Singh alias Monu was or was not a juvenile is a serious matter. It could not be treated as a casual matter. If Gurmat Singh alias Monu was a juvenile he will be tried by Juvenile Court constituted under the Juvenile Justice Act, 1986, liable to detention for a very short period whereas if he were not a juvenile, he will be liable to be tried by the Court of Sessions where he may be sentenced to imprisonment for life or possibly to death.

This criminal misc. is disposed of in the aforesaid terms.