MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is filed under Section 14(A)(2) of SC/ST (Prevention of Atrocities) Act, 1989 against order dated 27.08.2019 passed by the Special Judge, SC/ST, Mandsaur, whereby the learned Judge has rejected the bail application filed by the appellant-Mukesh Rathore under Section 439 of Cr.P.C. to get bail in Crime No. 291/2017 registered at Police Station-Bhavgad, District-Mandsaur for the offence under Section 328, 307 302/34 of IPC and Section 3(ii)(v) of SC/ST (Prevention of Atrocities) Act, 1989.

(2.) According to the prosecution case, on 22.09.2017 one Devsukh was brought to the hospital on the complaint of consuming poison. The matter was reported by the hospital authorities. The police reached to the hospital, recorded dying declaration of the deceased, in which he made allegation that the appellant had forcibly poured insecticide in his mouth. During the treatment, deceased Devsukh died. Thereafter the police registered the crime against the appellant and co-accused person. The allegation against the appellant is that he forcibly poured the insecticide in his mouth and forced him to swallow the same, which resulted in his death.

(3.) It is argued by the learned counsel for the appellant that there was a family dispute on the issue of partition of the ancestral property between the families of the appellant and the deceased. The family of the appellant has filed several complaints against the family of the deceased; therefore, there was some enmity between both the families.