Amar Singh Chauhan, J. - (1.) The revisionist Abdul Wadood has preferred this criminal revision against the judgment and order dated 18.08.2014, passed by learned Additional Sessions Judge, Court No. 8 Azamgarh in Session Trial No. 80 of 2014 arising out of case crime no. 339 of 2013, under sections 307, 302, 504, 506 I.P.C., Police Station Gambhirpur, District Azamgarh whereby the application of the revisionist for declaring him juvenile was rejected.
(2.) Brief facts of the case which give rise to the revision are that on 26.07.2013 an FIR was lodged with the allegation that at 08:15 hours the elder brother of the informant namely Mohd. Akib was sitting on the tea shop near Islamia Madarsa by then Abdul Rahman @ Sabbu son of Ishak, Abdul Badood son of Niyaz, Niyaz Pradhan son of Ashfak, Kadir son of Sohrab residents of his village came and on account of old enmity Abdul Badood with the intention of murder opened fire at his brother which hit in the abdomen. The co-accused Nyaz Pradhan also opened fire which could not hit his elder brother. The injured Mohd. Akib got admitted in the hospital but during treatment he succumbed to injury. The investigation officer after concluding the investigation filed the charge-sheet under section 302, 307, 504, 506 I.P.C. During trial the revisionist moved an application under section 7 of the Juvenile Justice (Care and Protection of Children) Act 2000 for declaring him juvenile, which was rejected by the trial court.
(3.) Aggrieved by the said order, the revisionist came up in this revision.;