SHIVA ALIAS SURYAKANT Vs. STATE OF U P

JUDGEMENT

(1.) Sri Shiva @ Suryakant a juvenile in conflict with law has preferred this revision under Section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 for seeking his release on bail in Crime No. 15 of 2011, under Section 302 I.P.C. and Section 3(2)(V) of SC and ST (Prevention of Atrocities) Act, Police Station Kotwali, District Mainpuri since he had failed to secure the same from Juvenile Justice Board vide its order dated 22.4.2011 in Case No. 177 of 2011 and lower appellate court/ Session's Judge in Juvenile appeal No. 20 of 2011, decided on 23.5.2011. Hence, this revision.

(2.) Stating briefly allegations against the revisionist leveled by informant Ramvir in his F.I.R., annexure No. 1 to the affidavit annexed with this revision, were in respect of an incident occurred on 5.1.2011 between 4.45 p.m. to 5.00 p.m. with allegations that that his younger brother Veekesh Kumar, a carpenter by caste a carpenter by caste was a student of intermediate and was having an affair with Meenakshi Sharma, which was not cherished by her mother Madhu Sharma and she always objected to the overtures at the behest of Veekesh Kumar towards her daughter. Because of infatuated love Veekesh Kumar often visited Meenakshi's abode. On the date of the occurrence, Veekesh Kumar received a phone call on his mobile phone No. 7895927684, where upon, intimating his mother the he will take the dinner after his returned, that he left the house and did not return back since thereafter. Family members wait for Veekesh's return since late in night and since he did not come back they moved out in his search. Following morning at 9 a.m., cadaver of Veekesh Kumar was found near government tube-well besides Purang Hospital with sustained physical injuries on head and face which, apparently were thought to have been caused by bricks. Since Veekesh was annihilated his brother Ramvir lodged annexure No. 1 on 6.1.2011 at 9.40 a.m. At PS Kotwali, Mainpuri, as crime No. 15 of 2011, Under Section 302 IPC and 3(2)(5) SC/ST Act against Madhu Sharma and others.

(3.) I.O. investigated the offences and concluding it, charge sheeted three accused namely Madhu Sharma, Meenakshi, the alleged beloved, and the revisionist Shiva @ Surya Kant before C.J.M., Mainpuri for those offences.