Prakash vs State Of Rajasthan And Others

Vijay Bishnoi, J

This criminal appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 19.05.2021 passed by the Special Judge, Schedule Castes and Schedule Tribes (Prevention of Atrocities) Cases, Churu in Bail Application No.257/2021, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.77/2018 of Police Station Bidasar, District Churu for the offences punishable under Sections 341, 323, 302/34 IPC.

Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case. It is argued that the testimony of sole eye witness i.e. respondent No.2-Tarachand is not reliable. It is also submitted that the recovery of the tempo at the instance of the appellant is doubtful. It is further submitted that test identification parade has not been carried out by the police. It is also argued that no weapon has been recovered from the appellant and no cloth of the appellant have any presence of blood of the deceased. It is also submitted that there is delay in filing the FIR. It is further submitted that the appellant is in custody last more than 4 years and he is not having any criminal antecedent record against him. It is also submitted that the trial of the case will take time, therefore, the present appeal of the appellant may kindly be allowed.

Per contra, learned Public Prosecutor has opposed the prayer made on behalf of the appellant and argued that this Court vide order dated 16.03.2021 rejecting the earlier criminal appeal of the appellant while taking into consideration the statements of the sole eye witnesses i.e. respondent No.2-Tarachand. It is submitted that the sole eye witnesses i.e. respondent No.2-Tarachand, who happens to be the brother of the deceased, has clearly deposed that the appellant caught hold of the deceased and co-accused Kana Ram has inflicted knife blow which resulted into death of his brother. It is also submitted by learned Public Prosecutor that its a cold blooded murder of labour working in a hotel by the appellant and the other co-accused persons when the labour demanded money for the food they consumed in the hotel. It is, therefore, submitted that this criminal appeal may kindly be dismissed.

Heard learned counsel for the parties and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to allow this criminal appeal filed by the accused appellant under Section 14-A of SC/ST Act.

Accordingly, this criminal appeal filed on behalf of the appellant under Section 14-A of SC/ST Act is rejected.