ALPESH SHAHARBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to amend the prayer clause.

(2.) These appeals are filed by the appellants under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, 'the Atrocity Act') against orders dated 17.04.2018 passed by the learned 3rd (Ad hoc) Additional Sessions Judge, Sabarkantha, Idar in Criminal Misc. Application Nos. 280 of 2018 and 249 of 2018 respectively for Anticipatory Bail under Section 438 of the Criminal Procedure Code, 1973 (for brevity, 'the Code') in connection with FIR registered at C.R. No. I-26 of 2017 with Kheroj Police Station, District: Sabarkantha for the offences punishable under Sections 302 and 114 of the Indian Penal Code, 1860 (for short, 'the IPC') and Sections 3(2)(v) of the Atrocity Act, which came to be rejected.

(3.) The learned Additional Public Prosecutors as well as the learned advocate for the original complainant oppose the present appeals and submit that looking to the nature and gravity of offence, present appeals may be dismissed as looking to the FIR and other investigation papers collected by the Investigating Officer, there appears prima facie case against the present appellants. The learned Additional Public Prosecutor submitted that there is oral dying declaration recorded of deceased, which substantiates the fact of the offence against the appellants. Besides, on the aspect of delay in lodging FIR, the learned Additional Public Prosecutor submitted that initially janvajog entry was registered and thereafter, appropriate proceedings have been carried out and accordingly, it cannot be termed as delay in lodging complaint. The learned advocate for the original complainant that the medical officer who has performed post mortem of the deceased has categorically stated at page 84 that these injuries can be caused due to beating by wooden logs. The cause of death is due to injury on head. She took away to page 81 also and submitted that there is prima facie case against the present appellants. She took this Court to the provisions of the Atrocity Act viz. Section 18 of the Act and submitted that the said provisions shall apply automatically. In view of the deposition of doctor, Section 18 of the Atrocity Act would very well apply in the case on hand. She submitted that the sons of the deceased have categorically expressed their fear in not complaining such ill-treatment. She said that in any case, in the appeals, the orders of the lower Court are not challenged and accordingly, technically, these appeals are not maintainable. In any case, the order passed by the learned Court below is well reasoned and accordingly, this Court may not interfere in appeal.