NAKUL TURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal revision is on behalf of petitioners Nakul Turi and Vikash Turi against the order dtd. 6/10/2020 passed by the learned Additional Sessions Judge-VIII, Deoghar in Criminal Miscellaneous Case No.448 of 2019, arising out of S.T. No. 121 of 2019 whereby the application under Sec. 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, in terms of Sec. 9(2) of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2015 has been rejected by the learned court below in connection with Madhupur P.S. Case No.342 of 2018 for the offence under Sec. 341, 323, 504, 302/34 of the Indian Penal Code (hereinafter referred to as 'IPC') pending before the learned court of Additional Sessions Judge-VI, Deoghar.

(2.) The brief facts of the prosecution case leading to this criminal revision are that the informant Shital Kole gave the written information with the police station concerned with these allegations that on 7/11/2018 at 12:30 in the day time, some persons were gambling (Jua) adjoining to her house. The women were also taking bath at the nearby handpump. At the same time, the brother of the informant Saroj Kole went to the persons who were gambling and asked them not to play cards. On the very issue, Sunil Turi (22 years old), Nakul Turi (21 years old) the brother-in-law of Arjun Turi, the nati of Sarju Turi, namely, Mukesh Turi (20 years old), Karu Turi and Vikash Turi having formed an unlawful assembly in furtherance of common intention hurled abuse and assaulted to the brother of informant with kick and fist whereby the brother of informant sustained internal injuries. Hearing the alarm all the accused persons fled away having criminally intimidated them. The primary treatment was given to the brother of the informant at the house who ultimately succumbed to the injuries. On this written information, the Case Crime No. 342 of 2018 was registered with Madhupur Police Station of District Deoghar for the offence under Sec. 341, 323, 504, 302/34 of IPC.

(3.) The investigating officer after having concluded the investigation filed charge-sheet against the accused Sunil Turi, Nakul Turi, Chandan Turi and Vikash Turi. While Mukesh Turi being juvenile chargesheet was filed against him to the learned JJ Board concerned. The court concerned committed the case to the court of learned Sessions Judge, Deoghar for trial. The trial court framed charged against the accused persons for the offence under Sec. 341, 323, 504, 302/34 of IPC.