AAMIR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This revision petition is directed against the order dated 6.9.2017 passed by learned Additional Sessions Judge, Mewat in a case State Versus Aamir, FIR No.258 dated 18.7.2015, under Sections 148, 149, 323, 452, 307, 506, 395, 397, 440 IPC and Section 25 of Arms Act, P.S. Tauru, vide which he has set aside the order dated 22.2.2017 passed by Additional Chief Judicial Magistrate, Mewat declaring the petitioner Aamir as juvenile in the said case.

(2.) Briefly stated, facts of the case are that complainant Azrudin son of Shahida Khan, a resident of Shikarpur, District Mewat aged about 27 years got his statement recorded with the police stating therein that on 18.7.2015 Jasrath son of Salem, Aaseem son of Jasrath along with many other persons named in the said statement while armed with guns, lathies, dandas, rods, country-made pistol, stones trespassed in their house; that Jasrath raised a lalkara that family of Shahida be taught a lesson and family be wiped out; that Jasrath fired a shot at the complainant from his gun with an intention to kill the complainant; that the bullet hit the complainant on right leg; that Aaseem also fired a shot from his rifle, which grazed passed ear of the complainant; that Aasifa daughter of Jasrath gave two iron rod blows to the complainant on his head; that Kadir gave a lathi blow to the complainant hitting him on right hand; that Mubarik gave a lathi blow to complainant hitting him on left arm; that thereafter the assailants attacked him with lathies; that the complainant raised alarm;t hat as a result of suffering injuries, the complainant fell down on the ground and many people gathered at the spot on hearing the noises which included Almu son of Sakur; that Jasrath fired a shot from his gun, hitting Almu on head, then all the assailants attached him with the weapons being carried by them; that thereafter, the assailants started looting the articles from the house of the complainant, which included Rs. 12 lakhs in cash and gold jewellery articles weighing 1 kg, silver jewellery weighing 5 kgs. and other valuable items and caused damaged to AC, cooler, bed, washing machine, Fortuner vehicle of the complainant and motorcycle belonging to him. Then considering the injured to have died, the accused left the spot along with the looted articles while firing shots in the air giving threats. The injured were taken to the hospital, where they were admitted. Aalam was referred to some other hospital. Statement of complainant Azrudin was recorded at the hospital. After the registration of formal FIR, the investigation in the case started. The accused were arrested in this case. Accused Aamir moved an application for being declared a juvenile, which application was accepted by learned Additional Chief Judicial Magistrate, Nuh vide order dated 22017, who declared Aamir as a juvenile and directed the Ahlmad to separate the challan of Aamir and sending the same to Juvenile Justice Board for further proceedings.

(3.) Ajrudin complainant challenged that order by way of filing an appeal, which was accepted. The order passed by the trial Court was set aside and application moved by applicant Aamir for declaring him as a juvenile was dismissed.