LAWS(RAJ)-2023-12-60

SONU Vs. STATE OF RAJASTHAN

Decided On December 19, 2023
SONU Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This appeal has been filed under Sec. 14-A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 by the appellant in connection with FIR No.114/2021, registered at Police Station Abu Road City, District Sirohi for the offences under Sec. 302, 279, 364 and 120B of the Indian Penal Code, 1860 and Sec. 3(2) (v) SC/ST (Prevention of Atrocities) Act, 1989.

(2.) Mr. Pradeep Shah, learned counsel for the appellant submitted that going by the story of the prosecution no specific role has been assigned to the applicant and simply on the basis of recovery of stone (allegedly used as a weapon of offence) the appellant has been held to be involved in the commission of murder.

(3.) He submitted that the earlier appeal being S.B. Criminal Appeal No.688/2022 was dismissed as withdrawn vide order dtd. 3/8/2022, passed by the Coordinate Bench of this Court with a liberty to file afresh, once the statement of Deputy Superintendent of Police (Dinesh Kumar) is recorded.