J.J.MUNIR,J. - (1.) Heard Sri. Rajeev Sawhney, learned counsel for the revisionist, Sri. Kamal Singh Yadav, learned AGA along with Sri. Abhinav Tripathi appearing for the State and Sri. Ronak Chaturvedi, learned counsel for opposite party no.2.
(2.) This is a revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the 'Act') on behalf of Ankur, a juvenile/child in conflict with law through his natural guardian and father Jagvir Singh assailing a judgment and order dated 04.08.2017 passed by Sri. Subhash Chand, the learned Sessions Judge, Bijnor in Criminal Appeal no.30 of 2017 dismissing the said appeal preferred from an order dated 20.07.2017 passed by the Juvenile Justice Board, Bijnor in Misc. Case no. 91 of 2015, State v. Ankur (arising out of Case Crime no.696 of 2015), under Sections 302, 307, 120B IPC and, Police Station Kotwali City, District Bijnor, refusing second bail to the revisionist.
(3.) The facts giving rise to the First Information Report are that a first information was lodged by one Anuj Kumar that in the background of animosity between his family and the family of Dheer Singh, a native of his village on 15.08.2015 at 7.00 in the morning hours his father Aman Singh had gone to attend the flag hoisting at the Janta Inter College, Dhokalpur on the Independence Day, where Jagvir Singh alias Pappu, Ankur and the two unknown associates were present at the venue. The persons aforesaid abused his father who forbade them from abusive language, in immediate response Jagvir @ Pappu shot his father by a pistol, which hit his father on the head, as also did Ankur. The shot fired by Ankur hit one Hemendra, a companion of Aman Singh. The incident is said to have been witnessed by Ashok Kumar, Hukam Singh, Harpal Singh, Devendra and many others present. The informant's father died on the spot and the condition of Hemendra was said to be serious. It was alleged that in the incident, aforesaid Dheer Singh @ Joly was also said to be involved.;