MANVENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision under Sec. 397 of CrPC read with Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "Act, 2015 ") has been filed against the order dtd. 1/2/2021 passed by 7th Additional Sessions Judge, Morena, in Criminal Appeal No.5/2021, by which the appeal preferred by the revisionist was dismissed and the order dtd. 9/11/2020 passed by the Juvenile Justice Board, Morena in Case No.123/2020, by which respondent No. 2 Satyabhan was declared as a Juvenile has been affirmed.

(2.) It is not out of place to mention here that on 14/3/2022 counsel for the applicant had submitted that he does not want to press present criminal revision. However, the important question of fact and law was involved and this Court was of the considered opinion that a suo motu cognizance of the revision can be taken. Accordingly, the prayer for withdrawal of criminal revision was rejected.

(3.) It is submitted by the counsel for the applicant that applicant is the son of complainant Gabbar Singh and nephew of deceased Padam Singh. It is submitted that the FIR was lodged on 1/8/2020 by the complainant Gabbar Singh on the allegation that on 30/7/2020 he was going on his tractor from Pachekha village to his field. Near the field of Gopal Sikarwar, one road of mud was under construction. Because of loose earth kept on the road, some earth fell in field of Gopal Sikarwar and on this issue, there was a hot talk between him and Gopal Sikarwar and the matter was pacified with the intervention of the family members. On 1/8/2020 at about 07:30 in the morning, his elder brother Padam Singh was going to his field and as soon as he reached in front of the house of Gopal Singh, then on the previous enmity, Gopal Sikarwar as well as Awadhesh Sikarwar, Ramniwas, Sonu, Ajab Singh, Rahul, Gaurav, Manoj, Raghvendra, Tunda @ Vikas and Vivek came there with Lathi and Farsa and in furtherance of common intention, they attacked his elder brother Padam Singh. After hearing the screams, of elder brother Padam Singh, complainant and his son Shaymveer, Manvendra and nephew Jaipal and Veer Singh went there. At that time, Awadhesh with an intention to kill Padam Singh gave a Farsa blow on his head. Another Farsa blow was given by Sonu on the head of Padam Singh, as a result, Padam Singh fell down on the ground. These persons intervened in the matter and accordingly, Ajab Singh gave a Farsa blow on his head, Vivek gave a Lathi blow on his right hand. Shyamveer was assaulted by Ramniwas by Farsa on his head. His nephew Jaipal was assaulted by Rahul and Gaurav by Farsa, as a result, he sustained injury on his head. His nephew Veer Singh was assaulted by Monu and Raghvendra by Farsa who too sustained injury on his head. His son Manvendra was assaulted by Gopal Sikarwar by Lathi causing injury on his hand. Tunda @ Vikas fired from his firearm. In the meanwhile, his brother Ramratan and nephew Monu and other family members came on the spot and intervened in the matter.