BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Balkar Singh has filed this revision petition challenging the order dated 24.8.2004, passed by AddI. Sessions Judge, Mansa, dismissing the application filed by the petitioner for separating his trial from the other accused under Section 18 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter referred to as the Juvenile Justice Act), claiming himself to be a juvenile and for releasing him on bail under Section 12 of the Juvenile Justice Act.

(2.) In this case, FIR No. 113 dated 28.12.2002 was registered under Sections 308/365/34 IPC against the petitioner and his two brothers, namely Jagir Singh and Wazir Singh, three days after the alleged occurrence, on the statement of Pargat Singh, brother of the deceased. As per the version in the FIR, on 25.12.2002, the aforesaid three accused caused injuries to Bhola Singh, brother of the complainant, as they were suspecting that he was having illicit relations with their Bhabi It is alleged that Balkar Singh petitioner gave a dang blow, which hit Bhola Singh on his right flank above the stomach. Bhola Singh remained under treatment in Civil Hospital, Mansa, from 27.12.2002 to 29.1.2003. Thereafter, he remained at his house, but on 20.3.2003, he died. Thereupon, the offence under Section 302 IPC was added vide Rapat No. 10 dated 20.3.2003.

(3.) During the investigation, the petitioner was found innocent by the police, as his participation in the occurrence was not substantiated by any evidence, therefore, he was kept in column No. 2.