Jitendra Kumar Vs. State of U.P. and anr.

- indian penal code, 1860 [c.a. no. 45/1860]. section 302; [m.c. jain, r.c. deepak & k.k. misra, jj] murder plea as to accused being minor school register and transfer certificate not proved before court according to law held, it has to be ignored and question of age is to be determined on other evidence and circumstances surfacing on record. age determined on the basis of x-ray plates and report prepared by c.m.o., is the correct age of accused. accused was declared to be child on the date of commission of offence of murder. however, considering fact that now accused was around 41 years, he cannot be sent to approved school. accused was directed to pay fine of rs.25,000/- under section 302 i.p.c., amount of fine was directed to be paid as compensation to wife of deceased. mohammad - 2 to produce original answer books of the petitioner relating to biology 1st and ilnd papers as well as practical and supplementary examination of intermediate examination, 2004 and for declaration of his result. 7. after hearing learned counsel for the parties and on perusal of the regulations, i am of the view that the petitioner should have appeared in biology 1st and ilnd theory papers as well as practical examination in the supplementary examination all of which together comprise of biology subject in the examination. since he has appeared only in practical examination and not in both the theory papers of the supplementary examination which is only a part of the whole subject, his result of supplementary examination has rightly not been declared having failed in the main as well as the supplementary examination in biology subject. 8. however, in the circumstances of the case, even if the petitioner has failed in the supplementary examination in the subject he appeared, the respondents are duly bound to in form the petitioner about this fact......for the petitioners is that in the supplementary examination he appeared in practical examination only of biology subject in which he has passed and as such he should be declared as passed.7. after hearing learned counsel for the parties and on perusal of the regulations, i am of the view that the petitioner should have appeared in biology 1st and ilnd theory papers as well as practical examination in the supplementary examination all of which together comprise of biology subject in the examination. since he has appeared only in practical examination and not in both the theory papers of the supplementary examination which is only a part of the whole subject, his result of supplementary examination has rightly not been declared having failed in the main as well as the supplementary examination in biology subject.8. however, in the circumstances of the case, even if the petitioner has failed in the supplementary examination in the subject he appeared, the respondents are duly bound to in form the petitioner about this fact. the respondents shall in form the petitioner about his supplementary examination within two weeks.9. the writ petition is accordingly dismissed. no order as to costs.