OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Om Prakash, the revisionist, informant of Crime No. 60 of 2006, under Section 302, IPC, PS Chetganj District Varanasi has questioned the impugned order dated 13-10- 2006 passed by Principal Judge, Juvenile Justice Board, Ram Nagar, District Varanasi (herein after referred to as The Board) in Crime No. 60 of 2006 as well as the order dated 12-12-2006 passed by lower appellate Court, Session's Judge, District Varanasi in Criminal Appeal No. 113 of 2006, Om Prakash v. State of U. P. , by which lower appellate Court has rejected the appeal filed by the revisionists under Section 52 of Juvenile Justice Act, (hereinafter called as the Act) challenging the aforesaid order by the Board. By impugned order dated 13-10-2006 Board has rejected the prayer of the revisionist to revert back the case of accused respondent Amit Singh to Chief Judicial Magistrate, Varanasi for conducting an inquiry as to whether the said accused is a juvenile or not? The said order has been confirmed in appeal by Session's Judge, Varanasi by passing the impugned order.

(2.) THE short narration of facts are that on 6-4-2006 at about 9 p. m. accused respondent Amit Singh alongwith co-accused Arvind took the deceased Ravi Kumar son of informant revisionist from the medical shop to a Lane in Andhrapul District Varanasi where deceased was firstly abused and then he was fired upon by Babu Lal alias Pappu and Arvind aforesaid. While injured was being rushed to the Heritage hospital he succumbed to him injuries. THE FIR of the murder was lodged by the informant revisionist on the same day at about 10. 50 p. m. at PS Chetganj District Varanasi.

(3.) I have heard Sri D. S. Misra, learned Counsel for the revisionist in support of this revision and Sri R. S. Ram learned Counsel for the accused respondent and the learned AGA in opposition.