( 1 ) HEARD learned counsel Mr. A. D. Shah for the petitioners and Mr. BY Mankad, learned APP for the respondent State. The petitioners are the original accused nos. 1 and 2 facing criminal trial before the Sessions Court, Bhavnagar. According to the case of the prosecution, the petitioners have committed an offence punishable under section 302 R/w 114 of the I. P. Code and under Sec. 3 (1) (10) of Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act (hereinafter referred to as the "atrocities Act" ). The case of the prosecution against the petitioner is that on 9. 8. 1998 between 10. 00 P. M. to 11. 30 A. M. , accused persons applied force on the body of the deceased Jivabhai and because of the force, Jivabhai had fallen down and sustained head injury. Wife of Jivabhai was informed about the incident and Jivabhai was taken at his residence and in the next morning, because of the serious physical condition, a doctor was called at the residence and as per his advise, in the morning of 10. 8. 1998, Jivabhai was removed to the Government Hospital and was admitted in Emergency Ward. At that time, deceased was unconscious. No statement of deceased Jivabhai wa