Judgment J.P.Singh, J. 1. This revision petition is directed against the order dated 15-3-1997, by which the Court below has refused to hold the petitioner as minor on the date of occurrence and to be tried by Juvenile Court. 2. The prosecution case in short is that one Om Prakash Rat of Mahipura gave his statement on 17-3-1995 before the Officer-in-Charge. Jandaha, that at about 5.00 p.m. he along with Ram Kant Rat was talking at the shop of Dorik Das. In front of that shop Maheshwar Rat and Ranjit Kumar Rai were standing. Maheshwar Rat said that he will pour colour upon him which caused annoyance to Ranjit Rat and he assaulted Maheshwar Rat with brick. He fell down and died accused Ranjit Rat fled away towards north. On the basis aforesaid information Jandaha P.S. Case No. 17/95 under Sec. 302 of the Indian Penal Code was instituted. The Police after completion of the investigation submitted chargesheet against the accused person. Cognizance was taken and the case was committed to the Court of Sessions which is pending before the Addl. Session Judge. Vaishali at Hajipur. 3. It appears that a petition was filed by the petitioner on 5-3-1997 stating therein that the accusedpetitioner was juvenile as on the alleged date of occurrence since he was below 16 years. The petitioner also produced school leaving certificate and the admit card issued by the Bihar Vidyalaya Pariksha Samiti in which has date of birth was recorded as 15-11-1979 and thus on the date of occurrence i.e. 17-3-1995, the petitioner was 15 years. 4 months and 2 days of age. Thereafter the prosecution filed a Voter List in which the petitioner was shown major as 18 years of age. The learned Court below on the basis of the entry in the Voter List and on his personal observation held the petitioner was major on the date of occurrence. 4. Learned counsel for the petitioner has submitted that the. Court below on physical observation should not have held that the petitioner was major on the date of occurrence. He has further submitted that the Court below should have accepted the entry in the School leaving certificate and admit card in which the date of birth of the petitioner was mentioned. 5.
Court below on physical observation should not have held that the petitioner was major on the date of occurrence. He has further submitted that the Court below should have accepted the entry in the School leaving certificate and admit card in which the date of birth of the petitioner was mentioned. 5. It is well settled that admit card issued by Bihar School Examination Board shall prevail upon any estimation of age done by either Medical Board or by the Court itself. In this case the petitioner has submitted his admit card before the Court below in which his date of birth has been mentioned as 15- 11-1979, and such he was 15 years. 4 months, and 2 days of age and. was entitled to be tried under the provisions of Juvenile Justice Act. Accordingly, the order dated 15-3-1997 passed by the Court below is set aside and this petition is allowed. The Court below is directed to separate the trial of the petitioner and proceed under the provision of Juvenile Justice Act.