ANITA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeals under Section 14-A (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act has been filed in connection with FIR No.389/2020 registered at Police Station Kotputli, District Jaipur (Rural), Rajasthan for the offence under Section(s) 279 and 304-A of IPC and later on for the offence under Section(s) 302, 201 and 120-B of IPC and under Section 3(2)(va) of SC and ST (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989').

(2.) Learned counsel for the appellant Anita @ Annu contended that she has falsely been implicated in this case wherein neither in the FIR lodged on 22.08.2020 by Lokesh, nor in the written report dated 24.08.2020 submitted by him, any allegation has been levelled against her. He submitted that she has been arrested after the arrest of co-accused persons to deprive her from the estate of her deceased husband. With regard to mobile conversation with Maman Singh, learned counsel submitted that as Maman Singh was taking care of truck and other vehicles of the appellant, conversation in between them was not unusual. He further submitted that she has been implicated alleging her illicit relationship with the co-accused Maman Singh; but, the same is not believable in absence of statements of her two sons aged 12 years and 10 years respectively. He, therefore, prayed for her release of bail.

(3.) Learned counsel for the appellants Prahlad and Kamlesh submitted that an accidental death has been converted into murder for extraneous consideration by the prosecution. Drawing attention of this Court towards the mobile call detail, learned counsel submitted that it does not contain any conversation in between Maman Singh and Kamlesh. Learned counsel submitted that on the one hand the prosecution case is that all the accused persons were seen together at about 3-4 pm on 21.08.2020; whereas, they have relied upon the mobile call details to show their involvement, which is mutually destructive. He, therefore, prayed for release of the appellants on bail.