SHRIDEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal has been preferred under Sec. 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 claiming the following reliefs:-

(2.) Brief facts of this case, as placed before this Court by Dr. Sachin Acharya, learned Senior Counsel assisted by Mr. Rahul Rajpurohit appearing on behalf of the appellants, are that an F.I.R. bearing no. 157/2012 was lodged at Police Station Bhirani by complainant Smt. Hemlata against the petitioners and others for the offences under Ss. 3(2)(iii) SC/ST (Prevention of Atrocities) Act, 1989, wherein it was alleged that the complainant R/o Ajeetpura, had paid a visit to her son on 29/6/2012 at Sri Ganganagar, and on that night, at about 10:30 - 11 p.m. one Shiv Bhagwan @ Sanuda, along with the present petitioners set her house, situated at Ajeetpura, ablaze. And that, upon investigation, a charge-sheet for the offences under Ss. 436, 450 I.P.C. and Ss. 3(2)(iv) and 3(2) (v) was submitted against Shiv Bhagwan before the Court of the learned Special Judge, SC/ST (Prevention of Atrocities) Act, Hanumangarh; during the trial of which, an application under Sec. 319 Cr.P.C. was preferred by the complainant, on the basis of certain statements made by P.W.-1 Indersingh and P.W.-3, to array the present petitioners as accused in the ongoing trial in the Criminal Case, bearing No. 21/2013, which came to be allowed by the learned Court; and cognizance was taken against the present petitioners for the aforementioned offences.

(3.) On the other hand, learned Public Prosecutor as well as learned counsel for the complainant opposed the aforesaid submissions made on behalf of the petitioners.