ORDER :

1. RULE. Learned APP waives service of notice of Rule on behalf of respondent - State.

2. The Child in conflict with law (herein after referred to as ‘the CCL’), by way of the present revision application filed through his father, under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (herein after referred to as ‘the J.J. Act’), challenges the order dated 13.08.2024 passed by the learned Additional Sessions Judge, Limbdi, Surendranagar in Criminal Appeal No.58 of 2024 and the order dated 22.04.2024 passed in Juvenile Criminal Case No.27 of 2024 by the Principal Magistrate, Juvenile Justice Board, Surendranagar in connection with FIR being C.R. No.11211031240003 of 2024 under Sections 302, 323, 504, 506(2), 447 and 114 of the Indian Penal Code and Section 135 of the G.P. Act registered before the Limbdi Police Station.

2.1 In the FIR accused No.1 is the father himself, accused No.2 is the mother and accused No.3 is grandfather of the present CCL.

3. Learned advocate Mr. Jay J.Jani submitted that the appellate Court was required to analyse the facts of the case and the original incident, where it was the case that whole of the family have been made accused in the matter, where the quarrel was between the distant cousin i.e. the mother of the complainant and the father of the CCL. Advocate Mr. Jani stated that the accused were alleged to have verbally abused the mother of the complainant when the father of the complainant was admitted in the Civil Hospital for cancer treatment.

3.1 Advocate Mr. Jani submitted that the allegation is of the morning and then in the afternoon; the real maternal uncle’s son Ankit along with Nareshbhai Makwana and the younger brother of the complainant Vikash had come, at that time, the complainant herself had asked the accused to restrain themselves from using unnecessary address in communication. Advocate Mr. Jani stated that at that time, the father of the CCL had quarreled with the younger brother of the complainant, and as per the complainant, the father of the CCL stated by expressing his enrage that he would do away with the life of the brother and had given fisticuffs, at that time, the complainant, brother Vikas and maternal uncle’s son Ankit had intervened to release them and it is stated that hearing the outcry, the aunt Chandrikaben i.e. the mother of the CCL and grandfather of the CCL along with CCL had come to their house. Mr. Jani submitted that as per the complaint, in the hands of Chandrikaben there was wooden baton, in the hands of Jivabhai there was wooden raft of the tree, and with the log Chandrikaben had given blow on knee of the left leg of the maternal uncle’s son Ankit and all the four assaulted the younger brother Jigar, who sustained injury below the right eye and on the back because of the fisticuffs.

3.2 As per advocate Mr. Jani, the complainant stated that all the four had exhorted saying that today they were to kill children and after the assault they uttered filthy abuses and during this quarrel it is stated that the present CCL went to his house and brought metal scissor and in that excitement, had given a blow on the left side of neck of the complainant’s brother Vikash and because of the injury and the bleeding, he fell down. Advocate Mr. Jani stated that as per the compliant, all the four thereupon climbed onto the chest of the brother and to the maternal uncle’s son Ankit who had intervened, the CCL had also given injury on the right hand elbow and the upper arms, who also started bleeding; and thereafter the neighbours had come to intervene and had released them. Mr. Jani submitted that the injured were taken to the hospital and Vikash during the treatment died in U.N. Mehta Hospital.

3.3 Learned advocate Mr. Jani submitted that all the three i.e. father, mother and the grandfather had been released on default bail. Advocate Mr. Jani submitted that it is not the case that parents were not present there, what had actually occurred fo