- (1.) HEARD the parties.
(2.) THE petitioner has filed the instant revision application for quashing the order dated 25.8.2008 passed by the 1 st Additional Sessions Judge, Garhwa in S.T. Case No. 183 of 2007 rejecting the petitioner's prayer to declare him a juvenile. The facts of the case in brief is that a Fardbeyan of Jasdeo Singh has been recorded on 5.8.2004 at 1:00 P.M. at village Bhandalia by Sub -Inspector N.P. Deo, where the informant has stated that on that very date at about 5:00 A.M., the informant's son, namely, Baidyanath Singh had gone to village Morbey to arrange labours. The informant was in his house. At about 7:00 AM, the informant's grandsons, Manish Kumar Singh and Ajay Kumar Singh' came to their house running and weeping and informed the informant that their father, Baidyanath Singh, while returning from village -Morbey on bicycle and reached near Bhimbarrage, he was intercepted by co -villagers, Giriwar Singh, his son Rangbahadur Singh, and one unknown person and they fired from their pistol and thereafter, all of them fled away. At this information, the informant raised Hulla and went to the place of occurrence alongwith them. Both the grandsons and the villagers found his son Baidyanath Singh lying in pool of blood having injuries on the ribs and back. The cycle and the Chappal of the deceased were also lying there. It is further alleged that there is some enmity regarding purchase of land and due to this reason the son of the informant has been murdered. The case was committed to court of sessions and it is pending before the 1st Additional Sessions Judge, Garhwa for trial in S.T. Case No. 183 of 2007. During the pendency of the case in the trial court, the petitioner filed an application to declare him a juvenile as per provision of Juvenile Justice (Care and Protection of Children) Act, 2000 under Sections 2k and 7a of the Act. It is submitted that the applicant -petitioner, Rangbahadur Singh was below 18 years of age on the date of alleged occurrence as his date of birth is 5th November, 1986.
(3.) THE petitioner, to prove his case, examined three witnesses in course of enquiry. Among them, EW -1 is Surendra Kumar Singh, an Assistant in the Harvey Sone Vally Ucchangal Vidyalaya Cement Works, Japla, EW -2, Rajeshwar Prasad Singh @ Giriwar Singh, is the father of the applicant and EW -3, Mrs. Shail Singh, the mother of the applicant -petitioner. He further filed Register of registration of private students (Exhibit -1), Board Admit Card, Marks -sheet, Certificate and Tabulation Chart of the Board and a certificate of the Headmaster of the "Harvey Sone Valley Ucchangal Vidyalaya Cement Works, Japla" which are marked as Exhibits in the said case.;