SURESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present appeal emanates from the Final Judgment and Order passed by the High Court of Judicature at Allahabad (hereinafter referred to as the 'High Court') in Criminal Revision No.2144/2015 dtd. 29/3/2016 (hereinafter referred to as the 'Impugned Order') [2016:AHC:50543], whereby the High Court dismissed the criminal revision petition filed by the Appellant and upheld the Order passed by the Court of the learned Additional Sessions Judge, Court No.1, Kairana, Muzaffarnagar (hereinafter referred to as the 'Trial Court') on 19/5/2015, declaring Respondent No.2 as a 'juvenile' under the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 'Juvenile Justice Act') [as it then was].

(2.) The Appellant alleges that, on 31/8/2011, while the Appellant, his father, mother and his brother/Rajesh Singh (hereinafter referred to as 'Rajesh') had gone to their fields, his chacha (paternal uncle)/Lillu Singh and his son Devi Singh/Respondent No.2 forcibly entered his house at around 10 am. When restrained by his wife who was alone at the house, the Appellant alleges that the two persons - father and son i.e., Lillu Singh and Respondent No.2 - manhandled her. When the said incident was narrated to the Appellant and his brother by the Appellant's parents who had reached the house during the incident, Rajesh went to the accused/father-son duo, to enquire about the same. In this interaction, it is alleged that his chacha and Respondent No.2 forcibly took Rajesh inside their house, where the chacha caught/held him, and Respondent No.2 took out a country-made pistol and fired it on Rajesh with the intention to kill him. It is stated that pursuant to this, Rajesh suffered injuries and died en route to Kairana hospital.

(3.) Thereafter, the Appellant lodged a First Information Report being Crime Case No.385/2011 at Kairana Police Station, Muzaffarnagar against Lillu Singh and Respondent No.2 under Ss. 452 [1] and 302 [2] of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC').