SURESH KUMAR 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. 25/1/2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sri Ganganagar (hereinafter to be referred as 'trial court') in Criminal Misc. Case No. 35/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellant.

(2.) The appellant has been arrested in FIR No. 94/2015 of Police Station Nai Mandi Gharsana, Distt. Sri Ganganagar for the offences punishable under Ss. 302, 449, 323, 147, 148, 149 of IPC and under Sec. 3(2) (5) of SC/ST Act and Sec. 27 Arms Act.

(3.) Learned counsel for the appellant has submitted that the complainant has alleged that appellant along with three to four persons had forcibly entered in his house on 1/3/2015 and assaulted him and when his wife tried to rescue him, appellant fired a gunshot, as a result of which, she died. It is further submitted that after filing of the charge-sheet and framing of charge against the appellant, statement of complainant Gurdeep Singh @ Deepu has been recorded before the trial court as PW-3. It is submitted that the complainant in his statement as stated that three to four persons had forcibly entered into his house on 1/3/2015 and assaulted him and they had also fired a gun shot, due to which, his wife died. It is further submitted that the complainant has also stated that as it was night, he was unable to identify that who attacked his house and fired gunshot, which resulted into death of his wife. It is submitted that the prosecution has declared complainant - Gurdeep Singh (PW-3) as hostile and learned Public Prosecutor has cross examined him and from the said cross examination, it is clear that the complainant has not named the appellant.