UMESH MISTRY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Revision has been preferred under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the judgment recorded by the Sessions Judge, Dumka in Criminal Misc. Appeal No. 110 of 2010 by which the prayer for bail of the Petitioner in conflict with law rejected by the Juvenile Justice Board, Dumka was affirmed and the appeal was dismissed.

(2.) The Petitioner was admittedly a juvenile, who was arrested in Dumka (T) P.S. Case No. 181 of 2009, corresponding to G.R. No. 1157 of 2009 for alleged offence including under Section 302 of the Indian Penal Code now pending enquiry No. 104 of 2010 before the Juvenile Justice Board, Dumka.

(3.) The prosecution story in short was that when the female inmates of the house of the informant arrived at the tube-well in the morning of 6.9.2009 for fetching water, there held altercation between the parties and in the same transaction it was alleged that Shubhash Mistri arrived, who commanded the other assailants to assault them. Pursuant to such command, the accused persons about nine in number returned back with various weapons in their hands, and it was alleged against the Petitioner Umesh Mistry that he was holding a knife in his hand. All went there at the place of occurrence near the tube-well and started assaulting the informant and his son Rajendra Sharma, Rajendra Sharma fell down after sustaining various injuries on his person. He was immediately removed to the Sadar Hospital Dumka where he was declared brought dead. The case was instituted against 10 named accused persons for the alleged offence under Sections 147/148/149/302/323/324 of the Indian Penal Code.