SHANKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present revision petition is for setting aside the order dtd. 15/10/2020 vide which the Principal Magistrate, Juvenile Justice Board, Sirsa has dismissed the application filed by the petitioner for bail under Sec. 12 of the Juvenile Justice Act, 2015 in FIR No.135 dtd. 1/7/2020, under Ss. 302, 201, 148, 149 of IPC and Sec. 25 of the Arms Act, registered at Police Station Ding. Challenge is also made to the order dtd. 5/11/2020 vide which the Additional Sessions Judge, Sirsa has dismissed the appeal filed by the petitioner against the aforesaid order dtd. 15/10/2020.

(2.) The case of the prosecution in brief is that the complainant Rajbeer had got his statement recorded to the effect that on 1/7/2020 said Rajbeer had gone to his brother Ramesh's house and had inquired about his nephew Anoop (deceased), on which he was told that Anoop had gone to the village pond with the buffaloes and his brother Ramesh had told him that he would take care of the buffaloes and he (complainant) must take care of Anoop. Complainant Rajbeer along with his brother Jaiveer went to the pond to take Anoop. When they reached near the village pond, they heard loud crying noise of Anoop and both the brothers then ran towards him. They saw some persons, as have been named in the FIR, including the petitioner, who was stated to have a stick in his hand. Vijay son of Satbeer pulled out a knife and stabbed the deceased on left side of his ribs upon which said Anoop fell down and then all the other accused gave him fist blows and kicks. It was also alleged that the petitioner had attacked Anoop with a lathi on his head and back and on the basis of the same, the FIR had been registered.

(3.) Learned counsel appearing for the petitioner has submitted that as per the prosecution version, a fatal injury has been attributed to Vijay son of Satbeer. It is also pointed out that in fact, the two alleged eye witnesses of the occurrence, as per the prosecution version, were PW-1 Rajbeer son of Jai Karan and PW-2 Jaiveer son of Jai Karan and both the witnesses have been examined and they have not supported the case of the prosecution. Reference has been made to the statement of PW-1 Rajbeer. The relevant portion of the said statement is reproduced hereinbelow:-