RAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dtd. 26/4/2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr. Case No.148/2023, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.95/2023 registered at Police Station Shastri Nagar, Jodhpur, for offences under Ss. 302, 201/34 of IPC and Ss. 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

(2.) Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Learned counsel submitted that the deceased was in live-in relationship with the present appellant. Leaned counsel submitted that on 14/4/2023, the deceased committed suicide by consuming sleeping pills and injection in excessive quantity. According to learned counsel, the allegation against the appellant is that with a view to develop sexual relations with the deceased, he concealed from the deceased the factum of being a married man. Owing to aforesaid, deceased started quarreling with appellant.

(3.) Learned counsel submitted that though FIR lodged against the appellant under Sec. 302, IPC read with Sec. 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, but the investigating agency after conducting thorough investigation into the matter, has filed challan against him under Sec. 306 IPC. Taking into consideration aforesaid argument, this Court vide order dtd. 24/5/2023 directed learned Public Prosecutor to keep the Investigating Officer present before the Court alongwith case diary. Though, the Investigating Officer is not present before the Court today, however learned Public Prosecutor under instructions submitted that the investigation against the appellant has already been culminated and investigating agency is filing challan against him under Sec. 306 IPC before competent criminal court.