Ajai v. State By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.08.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.232 of 2025 and Crl.MP.No.1816 of 2025 Ajai .....
Petitioner Vs State by: The Inspector of Police, P-2 Otteri Police Station, Chennai (crime No.155 of 2020) .....
Respondent PRAYER:
Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, praying to call for the records pertaining to the judgment dated 28.03.2024 in CA.No.1 of 2023 (Sessions Court, Children's Court, Chennai) and confirming the order dated 23.01.2023 in J.C.No.252 of 2021 on the file of the Juvenile Justice Board, Kellys, Chennai and set aside the same by allowing the Criminal Revision Petition.
For Petitioner : Mr.P.Pugalenthi For Respondent : Mr.A.Gopinath, Government Advocate(crl.side)
O R D E R
This Criminal Revision Case has been filed against the judgment dated 28.03.2024 passed in CA.No.1 of 2023 on the file of the Sessions Court, Children's Court, Chennai, thereby confirming the order dated 23.01.2023
passed in J.C.No.252 of 2021 on the file of the Juvenile Justice Board, Kellys, Chennai, thereby ordering to send the petitioner to the Place of Safety, Vellore for a period of three years as per Section 18(1) (g) of the Juvenile Justice (Care and Protection) Act, 2015.
2.
The case of the prosecution was that there are totally eleven accused, in which petitioner is arrayed as 11th accused. The first accused and his gang mates entered into conspiracy to murder the deceased. On the basis of the said conspiracy, on 21.02.2020 at about 21.45 hrs, when the deceased and his wife went to his father-in-law's house, all the accused persons went into that house and enquired about the deceased, without knowing that the deceased was sitting at a corner of the entrance of that house. After seeing the accused, the complainant pushed father into their house and locked the door. When the deceased questioned the accused for making problem in their house, all the accused persons assaulted him with knife and murdered him.
The defacto complainant also sustained injuries on her left hand and on the back side of her neck, while preventing the accused from assaulting her husband. On the complaint, the respondent registered FIR in crime No.155 of 2020 for the offences punishable under Sections 147, 148, 341, 324, 302 and 506(ii) of IPC r/w 120B of IPC.
the same was taken cognizance by the trial court. Since the petitioner was minor at the time of the occurrence, the case was split up and Juvenile Justice Board conducted trial in JC.No.252 of 2021.
3.
On the side of the prosecution, they examined PW1 to PW23 and marked Ex.P1 to Ex.P16. The court marked three documents as Ex.C1 to Ex.C3. On the side of the petitioner, no one was examined and no documents were marked. On perusal of oral and documentary evidences, the trial court was convinced to order for institutional care and protection for the offence punishable under Sections 147, 148, 341 & 302 of IPC and ordered to send him to the Place of Safety, Vellore for a period of three years as he completed the age of 18 years on the date of the judgment. Aggrieved by the same, the petitioner preferred appeal and the same was lso dismissed confirming the order of Juvenile Justice Board. Hence, the present criminal revision case has been filed.
4.
The learned counsel for the petitioner requested that the petitioner, who is now confined at Puzhal Prison, Chennai, may be released before completion of the aforesaid three years since he already completed 2 1⁄2 years. 5.
Per contra, the learned Government Advocate(crl.side) appearing
for the respondent submitted that against the other 10 accused persons, now trial is under progress. If at all the petitioner is released, he will tamper with the evidences and hamper the witnesses in SC.No.258 of 2021 on the file of the XXII Additional Sessions Court, Chennai.
6.
Heard, the learned counsel appearing on either side and perused, all the materials placed before this Court.
7.
On perusal of records, it is revealed that both the courts concurrently found the petitioner guilty for the offence punishable under Sections 147, 148, 341 & 302 of IPC. On perusal of the evidences, it is found that the prosecution proved all the charges beyond any doubt. The petitioner and others murdered the deceased with deadly weapons. The petitioner also actively participated in the crime. Further, evidences of PW1, PW4 and PW6 are reliable and they were present in the proximity distance during the occurrence. As such, they identified the petitioner and there is absolutely no doubt. Therefore, both the courts below rightly convicted the petitioner and this Court finds no infirmity or illegality in the impugned judgment. 8.
In view of the above discussion, this criminal revision case is
dismissed.
13.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok To 1.The Sessions Court, Children's Court, Chennai 2.The Juvenile Justice Board, Kellys, Chennai 3.The Inspector of Police, P-2 Otteri Police Station, Chennai 4.The Public Prosecutor, High Court of Madras G.K.ILANTHIRAIYAN, J.
lok 13.08.2025