SOHANRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.15/2019, registered at Police Station Bhopalgarh, District Jodhpur Rural, for the offences under Ss. 302, 397 and 341 IPC and Ss. 3(1)(r)(s) and 3(2)(Va) of the SC and ST (Prevention of Atrocities) Act against the order dtd. 11/6/2020 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Act Cases), Jodhpur whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) The complainant- son of the deceased Smt. Sipudi submitted a written report on 8/2/2019 at PS Gopalgarh, stating that his mother who had gone to graze the goats in the morning, has not returned till 2:30 pm. The complainant further submitted that while making the search, dead body of Smt. Sipudi was found about two kilometers away from the residence in a field. The injuries on the dead body inflicted by lathi were visible and gold items worn by the deceased were stolen. The complainant lodged FIR against unknown persons/assailants.

(3.) Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Learned counsel submitted that there are no eye witness or last seen witness in the present case. Learned counsel submitted that the prosecution story hinges around circumstantial evidence only, which is otherwise a very weak piece of evidence.