RAVI PAUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Ravi Paul son of Suresh Paul, claiming himself to be a juvenile, has directed the instant revision petition for the grant of concession of regular bail, in a case registered against him along with his other co -accused, namely, Sonu and others, vide FIR No. 576 dated 17.12.2013(Annexure P1), on accusation of having committed an offence punishable u/s. 306 read with section 34 IPC (the offences punishable u/ss. 3(I)(iii) and 3(2)(iv) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 were later on added) by the police of Police Station Gharaunda, District Karnal.

(2.) NOTICE of the petition was issued to the State.

(3.) CONCISELY , the prosecution claimed that on 13.11.2013, some fight had taken place between complainant Rampal and his son Shivam on one side, with the petitioner and others on the other side, in which, both the parties received injuries. The matter was reported to the police. The police asked the parties to amicably settle the dispute before the panchayat. It was alleged that complainant, his son and nephew were abused and insulted in the panchayat. Thereafter, accused used to taunt them in this relevant direction. On 15.12.2013 at about 6 PM, the petitioner & his other co -accused chased Shivam. Subsequently, on 17.12.2013, he (Shivam) committed suicide and it was claimed that the accused have abetted the commission of offence. Taking into consideration, the crux of the allegations contained in the FIR, as to whether the provision of Section 306 IPC is attracted to the facts of the present case against the petitioner or not, inter alia, would be a moot point to be decided during the course of trial by the trial Court. It is not a matter of dispute that the petitioner has already been declared a juvenile, by virtue of order dated 21.5.2014 of Juvenile Justice Board.