PREM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dtd. 27/3/2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur (hereinafter to be referred as 'trial court') in Criminal Misc. Bail Application No. 78/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

(2.) The appellant has been arrested in FIR No. 07/2019 of Police Station Kudi Bhagtasni, District Jodhpur for the offences punishable under Ss. 302 and 363/120-B IPC and Sec. 3(2)(5A) of SC/ST Act.

(3.) Learned counsel for the appellant has submitted that the deceased was admitted in hospital on 28/12/2018 with the multiple injuries where he died on 6/1/2019 and then only the complaint was filed against the appellant by the complainant while alleging that the appellant informed him on 27/12/2018 that he assaulted the deceased and if he would lodge any complaint against him, he would also assault him. Learned counsel for the appellant has submitted that when the complainant came to know about the fact that the appellant assaulted the deceased on 27/12/2018 then there was no occasion for him to wait till the death of deceased and thereafter to file complaint against the appellant. It is also submitted that no other incriminating evidence was collected by the police during the course of investigation and this Court has allowed the criminal appeal filed by co-accused Smt. Kavita while enlarging her on bail.