1979 (7) TMI 256

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....htas was being prosecuted under Section 302 of the Indian Penal Code for having caused the death of one Subhash on 23rd December, 1974. The trial proceeded before the Sessions Judge and after the evidence was concluded the case was adjourned to the 5th May, 1978 for recording the statement of the appellant. At this stage it appears to have been pointed out to the Sessions Judge that he had no jurisdiction to try the appellant as the appellant happened to fall within the provisions of the Haryana Children Act, 1974, for short, to be referred to as the Haryana Act. Thereafter the Sessions Judge remitted the matter to the Committing Magistrate directing him to hold an enquiry as to whether or not the appellant Rohtas was a child within the mea....

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....ined a special procedure for the trial of persons who had committed offences and who were below the age of 15. Such accused could be tried by a Magistrate on whom powers are conferred by Section 8 Subjection 1 of the Reformatory Schools Act of 1897 which also provided for the custody trial or punishment of such youthful offenders. This Section was expressly repealed by Section 65 of the Haryana Act which reads as below :- Certain Central Acts not to apply :- (1) The Reformatory Schools Act, 1897 (Central Act 8 of 1897), and Sections 29-B and 399 of the CrPC, 1898 (Central Act 5 of 1898), shall cease to apply to any area in which this Act has been brought into force. (2) The Women's and Children's Instituti....

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....Parliament which completely revolutionized the entire Criminal Procedure Code of 1898. It is not disputed in the present case that the occurrence in the present case took place after coming into force of the Code of 1973 and if, therefore, the Code of 1973 applies to the present trial then it is obvious that the trial has to be held not in accordance with the provisions of the Haryana Act but according to the provisions of the Code of 1973. So far as the Code of 1973 is concerned, it was amended by Act II of 1974 and came into force w.e.f. April 1, 1974. Section 4 of the Code of 1973 clearly lays down that all offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provision....