- (1.) As both these revisions relate to the same occurrence, the revisionist and the accused-respondent no. 2 are also the same and common issue pertaining to juvenility of the accused - respondent no. 2 is involved in both the revisions, both vide order dated 19.3.2015 passed by this court were connected together, and are hereby decided by a common order. Criminal Revision No. 2616 of 2013 has been preferred against the impugned order dated 28.9.2013 passed by learned Additional Sessions Judge, Court No. 11, Aligarh, in Criminal Appeal no. 227 of 2012 whereby confirming the order dated 23.11.2012 passed by the Juvenile Justice Board, Aligarh, in Case No. 354 of 2012, State Vs. Gajendra, arising out of Case Crime No. 802 of 2012, under section 302, 323, 504 and 506 I.P.C., P.S. Quarsi, District Aligarh. Criminal Revision No. 576 of 2014 is directed against the order dated 12.2.2014 passed by learned Additional Sessions Judge, Court no. 6, Aligarh, in Criminal Appeal No. 261 of 2013 whereby confirming the order dated 20.11.2013 passed by the Juvenile Justice Board, Aligarh, in Case No. 255 of 2012, State Vs. Gajendra, arising out of Case Crime No. 825 of 2012, under sections 25/27 Arms Act, P.S. Quarsi, District Aligarh.
(2.) Heard Mr. Rajiv Lochan Shukla and Mr. Bhupendra Pal Singh, learned counsel for the revisionist, Mr. Tarkeshwar Yadav, learned AGA for the State and Mr. Gopal Srivastava, learned counsel for respondent no. 2. Perused the records. Some background facts necessary for a just and proper disposal of both these revisions are that a criminal case was lodged by the informant Ram Prasad (who is the revisionist in both the revisions) against respondent no. 2, Gajendra, and some others alleging murder of his son by the accused persons assigning specific role to respondent no. 2 Gajendra of firing from a country made pistol on informant's son. This case was registered at Case Crime No. 802 of 2012, under section 302, 323, 504 and 506 I.P.C., P.S. Quarsi, District Aligarh. The matter was investigated. During investigation the police recovered a country made pistol at the instance of respondent no. 2. On the basis of this recovery another case under sections 25/27 Arms Act was registered against the respondent no. 2 at Case Crime No. 825 of 2012.
(3.) As Case Crime No. 802 of 2012 under sections 302, 323, 504 and 506 I.P.C. was registered earlier its proceedings commenced earlier to the proceedings of Case Crime No. 825 of 2012. In Case Crime No. 802 of 2012 the accused- respondent no. 2 Gajendra moved an application before the court below claiming himself a juvenile. In support of his claim he filed his High School certificate. The Juvenile Justice Board on 23.11.2012 disposed of the application of respondent no. 2 holding him a juvenile in conflict with law on the basis of the High School certificate filed by respondent no. 2 keeping in view that the date of occurrence being 16.6.2012 and the date of birth of accused - respondent no. 2 as mentioned in the High School Certificate being 8.2.1995 his age was 17 years four month and 8 days on the date of occurrence. Against the aforesaid order dated 23.11.2012, the revisionist/ complainant filed Criminal Appeal No. 227 of 2012 before the Additional Sessions Judge, Court No. 11, Aligarh, annexing several documents including High School Marks sheet of respondent no. 2 pertaining to the year 2008, Voters list, LIC policy, Registration Certificate and several cuttings of newspaper, in proof of the fact that respondent no. 2 was major at the date of occurrence, but the lower appellate court (Additional Sessions Judge) dismissed the appeal and affirmed the order dated 23.11.2012 passed by Juvenile Justice Board, Aligarh by the impugned order dated 28.09.2013. Being aggrieved by the aforesaid order dated 28.09.2013 the informant filed Revision No. 2616 of 2013 which was admitted by this Court on 10.10.2013 by following order:- "Supplementary affidavit filed today on behalf of the revisionist be taken on record. Heard learned counsel for the revisionist, learned AGA for the State and perused the record. Admit. Learned AGA has already accepted notice on behalf of the State/opposite party no.1. Issue notice to opposite party no. 2. All the opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter. List this matter after six weeks. The counsel for the revisionist has submitted that the opposite party no. 2 is major as per High School certificate, so the proceedings of the case in question pending before Juvenile Justice Board concerned be stayed during the pendency of this revision. In view of the submission of the counsel for the revisionist, further proceedings of case no. 354 of 2012 (State vs. Gajendra), arising out of Case Crime No.802 of 2012, under Sections 302, 323, 504, 506 IPC, P.S. Quarssi, District Aligarh, is hereby stayed till the next date of listing.";