SUBODH KUMAR SON OF ASHOK YADAV @ ASHOK RAI, RESIDENT OF VILLAGE JAGANPURA P.S. RAM KRISHNA NAGAR, DISTT Vs. STATE OF BIHAR

JUDGEMENT

(1.) (CAV) - Petitioner is the informant of Ram Krishna Nagar P.S. Case No. 122/2009 . Petitioner is aggrieved by concurrent order dated 06.11.2013 passed by Juvenile Justice Board declaring the Opposite Party No.2 to be juvenile as well as order dated 30.01.2014 passed by the District Judge (Special Judge), Vigilance, 1st Patna in Cr. Appeal No. 204/2013, dismissing the same.

(2.) For proper appreciation of the controversy persisting over the present episode, facts of the case is to be seen first.

(3.) On the Fard-e-beyan of the petitioner/informant relating to commission of murder of Binod on a trivial issue, the instant case has been registered against three accused persons namely, Om Prakash, Jai Prakash and Vijay Prakash (O.P. No.2). Accordingly, investigation commenced and after concluding the same, charge-sheet was submitted followed with order of cognizance. On account of having the offence triable by the court of sessions, Session Trial No. 494/2010 was registered after commitment wherein after appearance of all the accused, a petition was filed on 10.08.2011 on behalf of Vijay Prakash (O.P. No.2) stating therein that on the alleged date of occurrence i.e., on 01.12.2009, he was aged about 16 years 7 months and 17 days and so he was a juvenile.