RITESH SAHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner under Section 53 of the Juvenile Justice (Care and Protection of Child) Act, 2000 read with Section 397/401 Cr.P.C. against the order dated 1.10.2008 passed by Additional Sessions Judge No. 1 Kota in Criminal Appeal No. 05/2008 by which he rejected the appeal of the accused petitioner for grant of bail and upheld the order dated 24.9.2008 passed by the learned Principal Magistrate, Juvenile Justice Board, Kota in the application arising out of FIR No. 30/2008 registered at Police Station Jawahar Nagar, Kota for the offences under Sections 147, 148, 149, 307, 324 and 302 IPC and Section 4.25 Arms Act by which bail was refused to the accused petitioner.

(2.) BRIEF facts of the case are that on 20.9.2008, Subodh Paliwal lodged a report at P.S. Jawahar Nagar, Kota stating inter alia that on that day at about 8.30 P.M., Gagan had informed him on telephone that Vivek was beaten by accused Umang and Navneet, as a result of which, he had died and his dead body was lying in M.B.S. Hospital and upon this, he along -with some other persons had reached hospital where Gagan, Sukhveer Singh and Navneet were there and Gagan had informed him that at about 5.15 P.M., deceased and his friends were sitting in Gayatri Park and at that time, Umang, Navneet, Prasant, Gaurav, Viplav, Amit, Rituraj, Asish and 6 -7 boys came there and started quarreling and thereafter accused Umang took out a knife and gave knife blow on the chest of deceased, as a result of which, deceased fell down and thereafter, all accused persons ran away.

(3.) AFTER investigation, the accused petitioner was arrested treating him as juvenile and presently, he has been sent to Children's Home, Kota.