( 1 ) LEAVE granted. ( 2 ) THE appellant is the brother of the deceased who is alleged to have been murdered on 17-4-1988. The 1st respondent, who was arrested on 21-4- 1998 claimed that he is a juvenile as he did not attain the age of 16 years on the date of occurrence. The trial court got the 1st respondent examined medically and that report showed that he was aged 19 years, and therefore, he was not treated as a juvenile. But when he filed revision in the High Court a certificate from the school had been produced which showed that his date of birth is 2-8-1982. Basing on such certificate the High Court declared him to be a juvenile and to be dealt with as such. ( 3 ) THE crucial date for determining the status as juvenile has been decided by this Court in Arnit Das v. State of Bihar. It is admitted that the 1st respondent moved the application for determination of his status on 30-1- 1999 and by that time he had already attained the age of 16 years. ( 4 ) IN view of the above legal position, the 1st respondent cannot be treated as a juvenile and he is to be arraigned with the rest of the accused in the case. We, therefore, allow this appeal and set aside the impugned judgment passed by the High Court. ( 5 ) THIS appeal is disposed of accordingly.