AUSAHAB SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on these appeals under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 filed on behalf of the appellants in Crime No.140/2018 registered by Police Station Simariya Distt. Panna under Sections 302 , 294 , 323 , 324 / 34 and 506-B of the Indian Penal Code and Section 3(i)(r) , 3(1)(s) and 3 (2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(2.) These appeals are directed against the order dated 6.8.2018 and 10.10.2018 passed by the Court of Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities), Act, Panna in SC ATR No.53/2018 and Bail Application No.5537/2018.

(3.) As per the prosecution story that on 28.5.2018 at about 8.00 pm when deceased Haridas Choudhary was passing through Govt. School Tigra, appellant-Ausahab Singh has started to abuse him and also used filthy language against his caste. When the deceased has opposed the act of the appellant-Ausahab then he hit a bottle of beer on his head. Deceased Haridas sustained injury of broken bottle and blood oozed from the injury. Deceased Haridas narrated the incident to his father Andhua Choudhary and brother Deependra Verma, so they called the ambulance by dialing 100 number. He was taken to Simariya Hospital, where he was admitted and treated. On the next day morning at about 8.00 am the deceased was discharged from the hospital. It is alleged that later on the appellant-Ausahab has asked the deceased for compromise and also threatened by saying that if he does not enter into a compromise, he will be killed. It is also alleged that on 1.6.2018 appellants Ausahab and Hanumat Singh have taken the deceased at about 4.00 pm from his home in presence of his wife Manisha on the pretext of treatment and on the same day at about 7.00 pm it was informed that deceased-Haridas is serious and admitted in the hospital. On this information when complainant Andhua Choudhary and his daughter-in-law Manisha have reached the hospital they found Haridas to be dead. Report of the incident was lodged on 2.6.2018 by Complainant Andhua Choudhary father of the deceased. On that basis the above mentioned crime has been registered against the appellants.