DHULABHAI BALABHAI KHANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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 appellants - original accused for the regular bail in connection with the FIR being C.R.No. I - 02/2019 registered with Shamlaji Police Station, District: Arvalli for the offences under Sections 302, 143, 144, 147, 148, 149 of the Indian Penal Code and Section 3(1)(e), and 3(2)(v) of the Atrocity Act.

(2.) The case of the prosecution in nutshell is that the impugned FIR has been lodged by respondent No.2 against five persons including the present appellants dated 05.01.2019 inter alia stating that on 24.12.2018 his father Punaji Kavaji Bodat was missing and on 25.12.2018, he was informed that his father was in the police station. It is alleged that when he was taking his father back from the police station, during journey, his father told him that he was beaten by the present accused on the assumption that the deceased was thief. It is further alleged that the respondent No.2 and his family has completed the rituals by buried the dead body and, thereafter, he filed the FIR on 05.01.2019 and body was sent for postmortem and, thereafter, the appellants were arrested on 06.01.2019. It is further alleged that the investigation is completed and the charge-sheet has been filed.

(3.) Heard Mr.Hiren Modi, learned advocate for the appellants, Ms.Monali Bhatt, learned Additional Public Prosecutor for respondent No.1 and Ms.Kiren Pandey, learned advocate for respondent No.2 at length. Perused the material placed along with the appeal as well as police papers.