GULAM HUSSAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal has been filed under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 against the order dated 25.4.2019 passed by the Special Judge SC and ST Act, Dewas, whereby the application of the appellants under Section 438 of Cr.P.C. seeking anticipatory bail has been rejected in connection with Crime No.180/2019, registered at Police Station Bagli, District Dewas, for the offence punishable under Section 306 of IPC and under Section 3(2)(v) of SC/ST Act. As per prosecution story, deceased Balibai committed suicide after consuming poison as she was being derided by the applicants and other co- accused who used to taunt her call her as a woman with contorted face and also called her exorcist. The deceased was suffering from mouth cancer, which has resulted in dis-figuration of face and she has been constantly ridiculed by the appellants.

(2.) Learned counsel for the appellants submits that the appellants have been falsely implicated. He also submits that there is no allegation regarding taunting or abusing the deceased by the appellants in the name of her caste and submitted that the provisions of SC and ST (Atrocities) Act are not applicable. Per contra, in the objection, it has been mentioned that the deceased was being constantly harassed before committing the suicide, which had resulted in her filing three complaints before the police against the accused persons. The copies of those complaints have been filed for perusal of this court.

(3.) Learned counsel for the appellants submits that in the first of these complaints filed there is no seal of police station. The complaint is dated 17.7.2016 and submits that in other two complaints which have been placed on record, which bears the seal of police, the name of the appellants namely Gulam Hussain and Afsar do not figure. Learned counsel for the appellants has submitted that the husband of the deceased being a police officer was himself involved in cruelty towards the deceased as she had been disfigured because of mouth cancer and because of the harassment meted out by her husband she has committed suicide.