SHIVKESH Vs. STATE OF U P & ANOTHER

JUDGEMENT

(1.) Revisionist Shivkesh has preferred the instant revision under section 53 of the Juvenile Justice Care and Protection of Children) Act, 2000 (hereinafter referred to as 'Act' ) seeking his release on bail in Crime No.120 of 2011 under sections 302, 376, 511 IPC, P.S. Shikohabad, District- Firozabad. His prayer for bail stood rejected by the Juvenile Justice Board and lower appellate court in Criminal Appeal No.100 of 2011 vide orders dated 07.12.2011 and 17.02.2012 respectively.

(2.) The facts giving rise to this revision are that that a First Information Report was lodged by one Puttu Lal resident of Nagla Said Lal, P.S. Shikohabad, District- Firozabad with the allegation that his daughter Km.Aarti aged about 22 years went to the fields for natural call on 20.03.2011 at about 2 o'clock in the afternoon. When she did not return after lapse of a considerable time then he along with his wife searched for her but could not find her. On 21.03.2011 at about 8 o'clock in the morning he found the dead body of his daughter in the wheat fields of one Lalu. From the dead body it was apparent that some body threw the dead body after murder.

(3.) During the investigation it had come out that the appellant along with Vijendra and Prem Babu were seen by Smt. Rama Devi going behind the deceased Aarti and further father of the deceased also stated in his statement u/s. 161 Cr.P.C. that before this incident the appellant and the other co-accused came to his house and tried to colour the face of the deceased. They were intoxicated at that time and father of the deceased scolded them. One witness Kamla Devi also stated in her statement u/s. 161 Cr.P.C.that when she saw Aarti (deceased) going for natural call, she saw co-accused and the appellant going towards that side. They were intoxicated at that time. Smt. Rama Devi also stated in her statement that the revisionist along with two co-accused used to go to the house of the deceased and the co-accused also scolded father of the deceased.