Saumitra Dayal Singh, J. - (1.) Heard Sri Gajendra Pratap, learned Senior Counsel assisted by Sri P.K. Singh and Sri Sudhisht, learned counsel for the applicant and Sri Amit Kumar Srivastava, Sri Ashish Kumar Gupta and Sri Sanjay Srivastava, learned counsel for the opposite party no. 2 as also Sri Ankit Srivastava, learned AGA for the State.
(2.) The present revision has been filed by the applicant who has described himself as Brijesh Kumar Singh, son of late Ravindra Nath Singh @ Ravindra Pratap Singh, against the order dated 12.10.2017 passed by the Additional District and Session Judge, Court no. 1, Varanasi in S.T. No. 55A of 1987 (State Vs. Brijesh Kumar Singh, arising out of Case Crime No. 28 of 1986, under Section 148, 302/149, 307 read with Section 149 I.P.C., and 25(1)B Arms Act, Police Station Balua, District Varanasi (now Chandauli). By that order, learned court below has rejected the claim of juvenility made by the applicant under Section 7(A) of the Juvenile Justice (Care and Protection of Children) Act, 2000.
(3.) Admittedly, the applicant is arraigned as an accused in the Session Trial No. 55A/1987, under Section 148, 302/149, 307 read with Section 149 I.P.C., and 25(1)B Arms Act involving mass murder of seven persons. The incident is of date 9.4.1986. The trial remained pending against the applicant largely in view of the fact that the applicant remained an absconder for more than 15 years after the criminal case had been committed to trial. Later, he was arrested by the Delhi Police, from Orissa, in the year 2008. It was only thereafter the applicant could be put up for trial in the present case and in some other criminal trials as well.;