RIZWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The revisionist Rizwan and two others have filed this criminal revision against the order dated 10.7.2015 passed by the Additional District and Sessions Judge, Court No. 24, District Shahjahanpur in Sessions Trial No. 392 of 2011 under Sec. 302 Indian Penal Code (State Vs. Mohd. Rajji and others), Police Station Ramchandra Mission, District Shahjahanpur whereby the application dated 4.7.2013 for declaring them as juvenile has been rejected.

(2.) The brief facts giving rise to the present revision is that on 20.3.2011 the informant Sharafat Ullah Khan son of Safi Ullah Khan lodged the First Information Report with the effect that on 20.3.2011, when he and his son Rifayat Khan Nazak, Phaisal Khan along with his brother-in-law Azaj Khan son of Anwar Khan were irrigating his field of sugarcane from pumping set about 9.15 in the morning then accused Mohd. Razi son of Mohd. Safi resident of the same village came and objected to stop the pumping set and began to give filthy abuses and after extending threat, he has gone from the place. Thereafter at about 10.00 A.M. the accused Mohd. Razi along with Mohd. Nabi, Mohd. Wali, Munaur Ali, Abdul alias Chhota sons of Mohd. Safi, Rizwan son of Mohd. Rafi, Mohd. Rafi son of Mohd. Safi Lala, Javed son of Wali Mohd, Babloo son of Wali Mohd, Yasin son of Mohd. Navi came armed with licencee Rifle, unlicensed Rifle, gun, country made pistol, lathidanda etc. and in furtherance of common intention they assaulted with the intention of causing death and started firing which hit Nazakat and Phaisal. On raising alarm they ran away. Nazakat and Phaisal succumbed to fire arm injury

(3.) During trial accused-revisionist Rizwan, Mohd. Alam and Yasin moved application dated 04.7.2013 for declaring them juvenile with the averment that as per School Leaving Certificate the age of the accused-revisionists were below 18 years on the date of occurrence. Against the application complainant filed objection interalia on the ground that earlier the accused Babloo alias Alam and Yasin have also moved application dated 20.1.2013 for declaring them juvenile with the allegation that their date of birth is of the year 1995 but in support thereof no Certificate was filed. Thereafter the another School Leaving Certificate was filed showing the date of birth as 09.1.1996 which is self-contradictory and fake. In addition to in the voter list prepared in the State Assembly Election 2009, the age of Rizwan is shown as 23 years, age of Yasin 22 years and age of Babloo alias Alam 24 years. The application moved by Yasin dated 25.7.2013 has already been rejected. The School Leaving Certificate is not counter signed by the Basic Shiksha Adhikari and cannot be relied as being fake and forged. After hearing from both sides, the application was rejected.