BUDH RAM Vs. STATE

JUDGEMENT

(1.) This criminal appeal under Sec. 14-A(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. 4/2/2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No. 17/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellant.

(2.) The appellant has been arrested in FIR No. 341/2018 of Police Station Pilibanga, Distt. Hanumangarh for the offences punishable under Ss. 307, 326, 324 IPC and Sec. 3(2) (VA), 3(2)(V) of SC/ST Act.

(3.) Learned counsel for the appellant has submitted that after rejection of the first appeal of the appellant, the statement of the injured witness Jagbeer PW-1 has been recorded before the trial court on 4/2/2019 wherein he has not supported the prosecution story and turned hostile and specifically stated that he is not aware who had inflicted injury on his head. It is further submitted that in view of the fact that the sole injured witness has not supported the prosecution story, it is very difficult for the prosecution to prove the guilt of the appellant before the trial court.