RIKHAB CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these accused petitioners are facing trial in Sessions Case No. 118/94, State v. Rikhab Chand and Ors. in the' Court of Special Judge, SC/ST (Prevention of Atrocities Cases) Kota.

(2.) THE accused -petitioners have filed bail application mainly on the ground of delay in trial. The bail applications of all the accused -petitioners have been rejected on merits earlier. As such, the matter need not be examined on merits.

(3.) THE IVth ball application of Gopal Soni and IIIrd bail application of Rikhab Chand were also dismissed by this court on 2.2.94 in the light of the aforesaid order dated 9.12.94. After 9.12.94, statements of P.W.7. Ajit Rawat, P.W.8 Chiranji Lal and P.W.9 Dhanna Lai were recorded on 16.12.94 and 17.12.94. The witnesses Bal Krishna Pandey who is one of the eye -witness and the informant, could not appear in Court as he was not provided protection by the police and a direction was given by the trial court in compliance to earlier order dated 19.11.94. Hence, next dates were fixed as 11.1.95, 12.1.95 and 13.1.95 for recording remaining prosecution evidence. On 12.1.95 the statement of Bal Krishna Pandey was completed. On 13.1.95 the witnesses Prabhu Dayal Meena and Durga Lal were present but their statements could not be recorded as no posting of a Special Prosecutor in the Court was made and Shri Roop Narain Pareek who was doing additional work of Special Prosecutor of that Court could not appear for his being busy in other Court. In this situation the trial Court had no option but to adjourn the case for the next date and the witnesses were bound down. On the next date of hearing i.e. 10.2.95, the counsel for the complainant stated before the Court that he had obtained permission of the P.P. to examine prosecution witnesses and next date was fixed as 6.3.95. On 6.3.95 statements of PW 10 and PW 11 were recorded and 6.4.95 was fixed for recording statements of the remaining prosecution witnesses. On 6.4.95 and 14.4.95 the Judge was on leave and taking into consideration his further leave 10.5.95 was fixed with consent of all the parties. On 10.5.95 the remaining witnesses do not appear as they were not served upon, hence the learned trial Court issued bailable warrants to secure their attendance and a direction was given to write a D.O. to S.P. Kota to get service effected on the witnesses after taking interest in view of the directions given by the High Court and next, date was fixed as 22.5.95.