- (1.) Heard Sri Arvind Kumar Srivastava, learned counsel for the revisionist as well as Sri Narendra Kumar Singh Yadav, learned A.G.A appearing for the State. I have also heard Sri Tahir Husain, learned counsel appearing on behalf of the complainant.
(2.) Revisionist Ankit Babu Sharma, a juvenile in conflict with law, has preferred instant criminal revision under Section 53 of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred as the Act 2000) against the judgment and order dated 23.07.2014 passed by learned Additional Sessions Judge/Special Judge SC/ST Act, Kannauj, (hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 22 of 2014, whereby the Appellate Court dismissed the appeal of the revisionist and upheld the order dated 25.06.2014 passed by the Juvenile Justice Board, Kannauj in Case Crime No. 533 of 2013 under Section 302 and Section 3 (2) (5) SC/ST Act registered at P.S. Saurikh, District Kannauj where bail prayer of the revisionist stood rejected
(3.) At the outset a brief resume of background facts in nutshell are that: No one named in the first information report of triple murder case which was lodged by the informant-Pati Ram Katheria on 24.12.2013 at Case Crime No. 533 of 2013 under Section 302 I.P.C. P.S. Saurikh, District-Kannauj stating therein that his brother Rati Ram, Sreedevi wife of Rati Ram and one villager-Chhammilal were murdered by a sharp cutting weapons when they were sleeping near the road on the veranda of his house. It has come to the notice of Investigating Officer that a criminal litigation between the informant and Ram Prakash Sharma father of the revisionist is pending and there was an illicit relationship between the deceased Rati Ram and Ram Beti mother of the revisionist. It has also come to his notice that on 24.12.2012 at about 1.57 am to 2.00 P.M, there had been conversation between Mobile No. 8574775617 belonging to the Sanjay Sharma and Mobile No. 8290470522 belonging to Ajay Sharma brother of the revisionist. The police on the basis of suspicion arrested the revisionist and one Ram Asre. Statement of the revisionist under Section 161 was recorded by the police in which he confessed that one year ago Rati Ram had enticed away his mother and a false case was also registered by Rati Ram against his family members and in that case brothers of revisionist, namely, Sanjay and Ajit were incarcerated in jail on 27.11.2013. Revisionist was not happy with the act of Rati Ram and when his two brothers returned home on releasing from jail on 21.12.2013, revisionist, his brothers and uncle prepared a plan to settle the score. At about 11.30 P.M. (night), they armed with axes proceeded to reach the place where deceased were sleeping. They reached the said placed, assaulted with their axes and committed three murders. On the pointing out of the revisionist and one other co-accused, the Mobile No. 8574775617 and axe are shown to be recovered.;