Jharkhand High Court
Dilip kumar sinha, J.
Ragious Bara - Appellant
Versus
State Of Jharkhand - Respondent
CRIMINAL REVISION 798 Of 2006, CRIMINAL REVISION 132 Of 2007
Decided On : 6 September, 2007
D.K. Sinha, J.
1. The Cr. Rev. No. 798 of 2006 has been preferred by the informant/ petitioner Ragious Bara for setting aside the impugned order dated 14.6.2006 passed by the Juvenile Justice Board Ranchi in. G.R. No. 1451 of 2005 arising out of Khelari P.S. Case No. 33 of 2005 whereby and whereunder the opposite party No. 2 Chhotu @ Sandeep Kr. Singh was declared Juvenile after due enquiry under Section 49 of the Juvenile Justice (Care and Protection of Children)Act, 2000.
2. On the other hand, Chhotu @ Sandeep Kr. Singh is petitioner in Cr. Rev. No. 132 of 2007 a Juvenile declared by the Juvenile Justice Board, Ranchi, has preferred revision under Section 53 of the Juvenile Justice (Care and Protection of Children)Act, 2000 for setting aside the impugned order dated 19.1.2007 passed by the Judicial Commissioner Ranchi in Cr. Appeal No. 184 of 2006 whereby and whereunder his appeal for bail preferred under Section 52 of the said Act was rejected affirming the order passed by the Juvenile Justice Board Ranchi under Section 12 of the Act.
3. Though the relief claimed in both the Cr. Revisions are different, as presented by the respective petitioners against each other but the cause of action arose from the common Khelari P.S. case No. 33 of 2005, registered on 7.5.2005 on the Fardbeyan of the informant/petitioner, Ragious Bara. The informant narrated that he was an employee of C.C.L., Khelari living in the quarter of C.C.L. at Dakra with the members of his family. As usual when he returned back in the evening of 6.5.2005 he learnt that his youngest son Rupen Bipul Bara( since deceased) aged about 19 years had been out for walk as usual. He further narrated that while he was about to retire in the night on the bed with the members of his family, he received telephone call from an unknown person that his youngest son had sustained gun shot injury. His middle son Ritesh Fransis Bara with his friend Saurav Ghosh proceeded in search of his injured brother but to no avail and at about TO clock in the same night, on instruction, when he attended the telephone call, he came to learn that his brother Rupen Bipul Bara was dead. Upon such information Ritesh Fransis Bara proceeded with his friend Saurav Ghosh and brought the dead body of his brother Rupen Bipul Bara in a Marshal Jeep, Though the informant could not suspect the complicity of any of the accused at initial stage but he expressed that his son was shot dead by some unknown culprit at Dakra. The case was instituted under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act against unknown on 7.5.2005 at about 9 hours.
4. The petitioner/informant Ragious Bara assailed the impugned order dated 14.6.2006 passed by the Principal Magistrate, Juvenile Justice Board, Ranchi on the ground that during course (If investigation the opposite party No. 2 Chhotu @ Sandeep Kr. Singh, who is the petitioner in Cr. Rev. No. 132 of 2007, was arrested and he confessed his gulit before the police. During such confession he disclosed his age to be 18 years and admitted that he with the help of co- accused Ranjeet Singh and Ranjn Singh committed murder of the son of the informant/petitioner and pursuant to such confessional statement blood stained bed, floor and wall of the room of Ranjeet Singh and Ranjan Singh were spotted.
5. According to the informant/ petitioner, enquiry was conducted by the Board on the claim of the opposite party No. 2 Chhotu @ Sandeep Kr. Singh under Section 49 of the Juvenile Justice (Gate and Protection of Children) Act, 2000 in which he intervened and filed objection petition that at the relevant time of occurrence the accused/opposite party No. 2 Chhotu @ Sandeep Kr. Singh was quite major above 18 years of age and he was a private driver by occupation. He had placed the voter list of area bearing the name of the accused Chhotu @ Sandeep Kr. Singh with his age mentioned as 20 years.
6. The learned Counsel for the petitioner further pointed out th
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