SADDAM @ SONU Vs. STATE OF U P

JUDGEMENT

(1.) Once again to be or not to be a juvenile is the question, which has been mooted for consideration by the revisionist Saddam @ Sonu in the instant revision whereby he has challenged the order dated 19.02.2011 passed by lower appellate court/Additional Session's Judge, court No. 2, Saharanpur in Criminal Appeal No. 99/2010, Muneer Vs. Saddam @ Sonu. By the impugned order lower appellate court had reversed Juvenile Justice Board's order dated 14.10.2010 passed in Miscellaneous Case No. 30/11 of 10, State Vs. Saddam @ Sonu relating to crime No. 86 of 2010, under Sections 147, 148, 149, 452, 302, 307, 506/34 IPC, Police Station Deoband, District Saharanpur and has rejected revisionist claim of being a juvenile and has declared him to be an adult.

(2.) Unfolded background facts indicate that the revisionist was an accused in a murder incident regarding which crime No. 86 of 2010, U/Ss 147, 148, 149, 452, 302, 307, 506/34 IPC was registered at P.S. Deoband, District Saharanpur. Factual matrix about the incident is not very relevant for deciding present revision and hence detail narration of the same is hereby eschewed. However back ground facts indicate that incident in question was that of murder and attempt to murder after trespassing into informant Muneer's house by forming an unlawful assembly armed with blunt and deadly weapons vide Annexure No. 1. In that incident on 7.2.2010, which occurred at 11.30 a.m. one Kafeel was annihilated and injuries were caused to Muneer and Saleem by the revisionist and his associate accused.

(3.) Revisionist in that crime moved an application supported with an affidavit (Kha5), before Juvenile Justice Board, herein after referred to as the Board, for being declared to be a juvenile. On such a claim Board conducted an inquiry, during course of which revisionist examined his mother EW-1 Rizwana, EW-2 Praveen Kumar, Clerk of J.J. Happy Junior High School, Industrial Estate, Deoband and EW-3 Narendra Kumar, Principal, Bharat Public School, Labkari, Deoband, district Saharanpur to substantiate his plea of being a juvenile. EW-2 Praveen Kumar, Clerk of J.J. Happy Junior High School, Industrial Estate, Deoband had proved T.C. Exhibit Kha-1 S.R. Register from serial number 778 as Exhibit Kha-2. EW-3 Narendra Kumar, Principal,Bharat Public School, Labkari, Deoband, district Saharanpur had proved T.C. of class-V of Bharat Public School, Labkari, Deoband Exhibit Kha-3 and S.R. register from serial number 143 as Exhibit Kha-4.