AMIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Revision is directed against the order dated 26.02.2011 passed by the Additional District Judge, F.T.C.-I, Munger in Enquiry No. 1 of 2011 in Session Trial No. 258 of 2009 arising from Jamalpur P.S. Case No. 47 of 2009 registered for offence punishable under Sections 147, 148, 149, 324, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act whereby the claim of juvenility of the petitioner has been rejected.

(2.) For adjudication of the matter in contest, it would be but appropriate to briefly sketch out the facts leading to the impugned order.

(3.) The petitioner is an accused in a case arising from Jamalpur P.S. Case No. 47 of 2009. As per the prosecution case when the brother of the informant alongwith his father proceeded towards Jamalpur Workshop on 20.05.2009 and reached near the house of one Sanjay Mandal, his co-villager, namely, Hriday Narayan, Nityanand Mandal and Naresh Sao were found standing there and on their command, the petitioner alongwith others named in the FIR surrounded the brother of the informant and whereafter the petitioner is alleged to have fired upon his brother which hit his stomach following which he died on the spot. One of the accused Sanjay Sao has also been charged with firing upon the father of the informant which hit him on the shoulder.