SHAKTI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision petition against the judgment and order dated 5.1.2013 passed by the learned Additional Sessions Judge, Nagaur in Criminal Appeal No. 01/2013 (Shakti Singh v. State of Rajasthan) confirming the order dated 22.12.2012 passed by the learned Principal Magistrate, Juvenile Justice Board, Nagaur in relation to FIR No. 53/2012, P.S. Khunkhuna, Nagaur under Sections 302, 458, 147, 148, 149, 323, 326 and 307 IPC. According to the prosecution case, the son of complainant Manohar Singh, Kailash @ Mod Singh, Babulal, son of brother of complainant Rampratap and Ajay Singh were present at the hotel of the complainant. At that time, Mohan Singh, Tiku Singh and one other person came at the hotel and started consuming liquor inside the hotel and when his son stopped them, they gave threatening to him and went away. In the night, at 9.00 - 9.15 p.m., they came in a bus No. RJ 37 -P.A. 0971 and gave beating to his son by sword and lathis. They also gave beatings to his brother's son Rampratap and one Babulal by sword and lathis. Shakti Singh (present petitioner) inflicted sword blow on both hands of his son and other persons gave beating through lathis, due to which Manohar Singh sustained grievous injuries and died and Rampratap and Babulal also sustained grievous injuries.

(2.) THE learned counsel for the petitioner submitted that the petitioner is a juvenile and gravity of offence cannot be considered against the juvenile. He further submitted that the petitioner is of 16 years 9 months of age and there is no specific allegation against him. Learned counsel for the petitioner has also submitted that report of the Probation Officer was not in any way against the revisionist. Hence he may be enlarged on bail.

(3.) THE report of the Probation Officer was called, wherein nothing adverse was reported against the petitioner.