KALU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal appeals 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') have been filed on behalf of appellants - Kalu Singh and Narpat Singh being aggrieved with the orders dtd. 3/4/2019 and 29/5/2019 respectively passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Jalore (hereinafter to be referred as 'trial court') in Criminal Misc. Case Nos. 119/2019 (CIS No. 96/2019) and 197/2017 (CIS No. 165/2019) respectively, whereby the trial court has dismissed the bail applications filed on behalf of the appellants.

(2.) The appellants have been arrested in FIR No. 106/2018 of Police Station Sayal, District Jalore for the offences punishable under Ss. 147, 365, 342, 323 and 302 IPC and Ss. 3(2)(v) and 3(2)(VA) of SC/ST Act.

(3.) Learned counsel for the appellants has submitted that as per the prosecution story, the allegations against the appellants are to the effect that they abducted deceased Mahendra Kumar and thereafter took him to Ahmedabad and threshed him there in the house of one Mamta, wife of Prakash S/o Isha Ji. It is alleged that while returning from Ahmedabad in a Bolero Jeep, the deceased died due to the injuries caused by the accused persons. Learned counsel for the appellants has submitted that till date 12 prosecution witnesses have been examined and out of those witnesses 5 prosecution witnesses have not supported the prosecution story and turned hostile including Mamta and Prakash. Learned counsel for the appellants has submitted that father of the deceased in his statements has simply stated that the accused persons came to his house and asked about deceased Mahendra Kumar and also abused him with castiest remarks. It is submitted that as the important prosecution witnesses have not supported the prosecution story and turned hostile, it would be very difficult for the prosecution to prove the guild of the appellants.