ASHOKA R URS Vs. STATE

JUDGEMENT

(1.) Heard Sri Dilraj Jude Rohit Sequeira, learned counsel for the appellant and the learned High Court Government Pleader for respondent No.1- State. Respondent No.2 has been served but there is no representation from her.

(2.) This is an appeal filed under Sec. 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ ST Act for short), challenging the order dtd. 16/6/2022 passed by the V Additional District and Sessions Judge, Mandya in Crl.Misc.No.447/2022, rejecting the appellant's application filed under Sec. 439 of Cr.P.C., in connection with Crime No.47/2022 registered by the Kirugavalu Police for the offences punishable under Ss. 323, 307, 302 , 504 and 506 read with Sec. 34 of IPC and Ss. 3(1)(r) & 3(1)(s) of SC/ ST Act .

(3.) The appellant is accused No.1. Though the FIR was registered for the offences under the Atrocities Act, a perusal of the FIR shows that probably the quarrel between the deceased and the accused took place for not repairing the road. There is an allegation against the appellant that he pushed the deceased down and as a result, he sustained an injury on the back of his head. This quarrel took place on 25/4/2022. The deceased became unconscious and died in the hospital on 8/5/2022. Therefore the FIR which was registered earlier for the offence under Sec. 307 of IPC was later on converted into Sec. 302 of IPC. Whether accused No.1 had an intention to kill the deceased is a matter to be decided by the trial court. At this stage I do not find prima-facie materials for implicating the appellant for the major offence under Sec. 302 of IPC. Even there are no prima-facie materials for the offences said to have been committed under the provisions of Atrocities Act. Hence the following: