SATVEER Vs. STATE OF RAJASTHAN

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. 26/3/2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Churu (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No. 112/2019, whereby, the trial court has dismissed the bail application filed on behalf of the appellant.

(2.) The appellant has been arrested in FIR No. 143/2014 of Police Station Hamirwas, District Churu for the offences punishable under Ss. 147, 148, 302, 302/149, 307/149 of IPC and under Ss. 3(1)(X), 3(2)(V) of SC/ST Act and under Sec. 3/25 of Arms Act.

(3.) Learned counsel for the appellant has submitted that eye witnesses namely Sandeep, Balwan, Bijendra, Lalit Kumar and Krishna have not supported the prosecution story and turned hostile. It is submitted that all the above named eye-witnesses in their court statements have specifically stated that they do not know who had fire gun shot which resulted in death of Matu Ram. It is also submitted that since all the eye-witnesses have not supported the prosecution story and turned hostile, it would be very difficult for the prosecution to prove the guilt of the appellant.