- (1.) Heard learned counsel for the appellant and learned A.G.A. and perused the record attached by the appellant with this appeal.
(2.) This criminal appeal has been preferred against the impugned judgment and order dated 17.10.2018, passed by Sessions Judge, Hapur, in ST No. 160 of 2018, arising out of Case Crime No. 326 of 2017, under Sections 302, 307, 147, 148, 149, 323, 324 I.P.C., Police Station: Simbhawali, District Hapur, whereby the application filed by the mother to declare Sher Khan to be juvenile has been rejected.
(3.) As per first information report, on 31.08.2017 at about 04:00 PM Tajmohammad cut away CHARA (grains) from the field of Intezar and on making complainant by Jishan & Shahvej, younger brother of Intezar, whereupon both were beaten by Tajmohammad, Raju and Adil. Intezar, Shahvej and Ejaz went to police station to lodge report against them. On 06:30 P.M., Ejaz, Tajmohammad, Yameen, Adil, Farman, Waseem, Raju, Bazmohammad, Sher Khan (appellant) and Niyaz Mohammad came to the house of Rohil with danda and knife and assaulted on Rohil, Shadab, Nafees and Zahid with intention to cause death and stabbed Zahid and Nafees and went away. Consequently, Zahid died.;