ISHVARBHAI BHIKHABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ADMIT.

(2.) This is an appeal under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocity Act" for short) at the instance of the appellant - original accused for bail in connection with the FIR being I- C.R.No.42/2017 registered with Vadgam Police Station, Banaskantha for the offences under Sections 302, 120(B), 342, 364 and 331 of the Indian Penal Code and Section 3(2)(5) of the Atrocity Act.

(3.) It is the case of the prosecution that a boy by name Kanu eloped with a girl by name Payal. The deceased by name Kiran happened to be one of the relatives of Kanu. As Kanu and Payal eloped, a search was launched. In all 14 accused came to be arrested in connection with the alleged offence. The appellant herein is the original accused No.4. It appears that for the purpose of finding the whereabouts of Kanu and Payal, the appellant herein along with other accused keep watch on one GSRTC bus in which Kanu and Payal were travelled. According to the case of the prosecution, Nayan - original accused No.9, along with four other co-accused (original accused No.11, 12, 13 and 14) intercepted the bus but they could not find Kanu and Payal instead, they caught hold of Kiran i.e. the deceased. As alleged in the FIR, due to beating by all the accused, the deceased had died. During the investigation, statement of two eye witnesses i.e. Kalubhai Bababhai Prajapati and Tagaram Ramaram Prajapati were recorded by the police and also statement of one Sikanderkhan Nizamkhan, who was driving the Tavera Car in which the original accused No.1 to 8 were travelling, was also recorded. From the statement of these eye witnesses, the present accused along with other accused have been implicated in the alleged offence.