KAMESHWAR PRAJAPATI Vs. STATE

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner, who was named in the F.I.R. as an accused in connection with Sonahatu P. S. Case No. 27 of 2003 registered under Sections 302, 494/34/120 B of the Indian Penal Code has filed this revision application challenging the order dated 22-7-2004 passed by the Additional Chief Judicial Magistrate, Khunti, in Sessions Trial No. 600/2003, rejecting the claim of the petitioner for declaring him to be a Juvenile under the Juvenile Justice Care and Protection Act, 2000.

(3.) According to the F.I.R. the allegations as it appears, are that the daughter of the informant namely, Babita Kumari was forced to get married with the other co-accused Kamla Kant Prajapati, who was allegedly already a married man and was having two children. In spite of the fact that his wife was alive, the accused Kamla Kant Prajapati got married with the daughter of the informant. It was further alleged that the deceased daughter of the informer lived with the accused Kamla Kant from 7-7-2003 to 13-7-2003. On 14-7-2003 at about 5.30 a.m. Kamla Kant came to Duman Prajapati and told that his second wife Babita was calling them, thereafter, they went to Babita's house where they saw smoke coming out from her house and then the police was informed. The girl Babita was found dead in the house of Kamla Kant Prajapati. Accordingly, the F.I.R was lodged for the offence under Sections 302,494/34/120 B of the Indian Penal Code against Kamla Kant Prajapati and his family members including his brother, i.e. the petitioner.