- (1.) This is a revision against the judgment and order dated 8.7.2005 passed by Sri V.K. Gupta, learned Session Judge, Mathura in Criminal Appeal no. 36 of 2005, Pappi Vs. State.
(2.) The facts relevant for disposal of this revision are that on 30.9.2001 Kumari Sona daughter of Pappi Valmiki resident of village Kanhera police station Shergarh district Mathura lodged a report at the above police station with these assertions that her father was doing service at Panipat and her mother had gone to some unknown place after leaving the house about two years ago, and so she and her three younger brothers were residing in the house. She was the eldest. Her younger brother Yogesh was aged about 12 years, Lakhan was aged about 8 years and Chhotu was aged about 4 years. Their cousin brother Naresh used to visit their house to enquire about their welfare. Pista Balmiki was also residing in the same village. His nephews Roop, Swaroop, Pappy and Kunwar residents of village Dastauli used to visit his house. They wanted to establish illicit relations with Km. Sona and so they did not like visits of Naresh to their house. They had threatened Naresh earlier . On 29.9.2001 at about 8 P.M.Naresh came to their house, and after taking food, all of them slept on different cots at about 10 P.M. Thereafter at about 12 midnight, Roop, Swaroop, Pappi and Kunwar, nephews of Pista came to their house. Upon hearing some noise, she got up and saw that Kunwar had pointed pistol towards them and was threatening that if there is any noise, he would fire at them. Hence, they could not dare to raise any alarm. Roop had caught hold of feet of Naresh and Swaroop had caught hold of his hands and Pappi committed murder of Naresh by strangulating him. Then they hanged his body to give it the shape of suicide, Thereafter they went away threatening that if information of this incident is given to any one they would murder them. Sona could not dare to give information of this incident to any one in the night and in the morning she told about this incident to her neighbours and then she went to the police station and lodged the report. The revisionist Pappi alias Prem Singh took a plea that he was juvenile on the date of incident. His medical examination was performed by the Chief Medical Officer to ascertain his age and his age was found to be about 19 years. However, revisionist had also filed a transfer certificate issued by the school where he was studying and according to that transfer certificate his date of birth was 20.9.1985, so on the basis of this evidence he was declared to be juvenile by Ist Addl. Chief Judicial Magistrate, Mathura vide his order dated 24.4.2002. The revisionist had also moved bail application before him but that was dismissed by the Addl. Chief Judicial Magistrate. Aggrieved with that order, the revisionist filed Criminal Appeal no. 37 of 2002 before the Sessions Judge, Mathura. Sri Shiv Charan, then learned Sessions Judge, Mathura decided the above appeal vide his judgment and order dated 30.4.2002. He dismissed the appeal and rejected the bail application of the revisionist.
(3.) Thereafter the accused revisionist moved another bail application no. 559 of 2002 in the court of the District & Sessions Judge, Mathura. This application was also rejected on merits by Sri M.K.Mittal, then District & Sessions Judge, Mathura vide his order dated 25.3.2004. Thereafter the accused revisionist moved one more bail application before the Sessions Judge, Mathura which was registered as Bail Application no. 965 of 2004. It was heard and decided by Sri A.K. Sharma, learned Addl. District & Sessions Judge, Court no. 4, Mathura. vide his order dated 22.6.2004. This bail application was also rejected. Thereafter the revisionist moved another bail application before Juvenile Justice Board, Mathura. That bail application was also rejected by the Board vide its order dated 18.12.2004. Aggrieved with that order the revisionist filed Criminal Appeal no. 1 of 2005 before the Sessions Judge, Mathura.;