GURDAS 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 appellants being aggrieved with the order dtd. 10/12/2018 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), Hanumangarh (hereinafter to be referred as 'trial court') in Misc. Criminal Case No. 451/2018 C.I.S. No. 348/2018, whereby the trial court has dismissed the bail application filed on behalf of the appellants.

(2.) The appellants have been arrested in FIR No. 314/2018 of Police Station Tibbi, District Hanumangarh for the offences punishable under Ss. 302 and 34 of IPC and Sec. 3(2)(V) of SC/ST Act.

(3.) Learned counsel for the appellants has submitted that in the charge-sheet, the police have concluded that as a matter of fact the deceased illegally entered into the house of the appellant No. 1 and tried to assault him then the appellant No. 1 in his defence inflicted lathi blow thereafter the deceased tired to assault the appellant No. 2, who also assaulted him in defence. It is further argued that the police have also concluded that one Jagseer Singh informed the complainant about the action of the deceased of entering into the house of the accused persons illegally but the complainant refused to intervene while saying that it is daily affairs of the deceased and he is not going to interfere then the police was informed and they took away the deceased from the house of the appellants. Learned counsel for the appellants has submitted that as a matter of fact there was no intention of the appellants to commit murder of the deceased. It is further submitted that the charge-sheet has already been filed and the trial of the case will take time.