RASUL KHAN Vs. STATE

JUDGEMENT

(1.) This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dated 07.03.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No.153/2020, whereby, the trial court has dismissed the bail application filed on behalf of the appellant.

(2.) The appellant has been arrested in FIR No.42/2018 of Police Station Rohat, District Pali for the offences punishable under Sections 302, 201/120, 365 IPC and under Section 3(2)(5) of SC/ST Act.

(3.) Learned counsel for the appellant has submitted that appellant has falsely been implicated in this case. It is submitted that in the year 2016, a missing person report was filed alleging that deceased Bhagaram is missing from 17.10.2016. The police have failed to trace out deceased Bhagaram, however, in the year 2018, an FIR was lodged by PW-2 Budharam, brother of the deceased alleging that appellant, and son of the deceased Mahipal had murdered his brother Bhagaram in the year 2016. The police after investigation have filed charge-sheet against the appellant along with Mahipal alleging that the appellant, son and wife of the deceased hatched a conspiracy and, thereafter, murdered Bhagaram. It is also submitted that the police have recovered a skeleton on the information given by the appellant under Section 27 of the Indian Evidence Act and concluded that the said skeleton is of deceased Bhagaram. It is submitted that DNA sample of tooth of the deceased Bhagaram has been taken out and blood samples of Budharam and Baburam, brothers of deceased Bhagaram have also been taken out for examination. It is also submitted that now the DNA report has been received and result of the same reads as under:-