JUDGMENT :

Farjand Ali, J.

By way of filing the instant Criminal Appeal, challenge has been challenge has been made to the order dated 04.02.2023 passed by the learned Special Judge, SC/ST Act (Prevention of Atrocities), Jalore in Sessions Case No.71/2022 whereby learned trial Judge has directed to frame charges against the appellant for the offences under Section 302 of the IPC and Sections 3(1)(r), 3(2)(v) of the SC/ST (Prevention of Atrocities Act) and Section 75 , 82(1) of the JUVENILE JUSTICE ACT .

2. Brief facts of the case are that on 13.08.2022, Kishore Kumar submitted a written report to the SHO concerned alleging therein that his nephew Indra Kumar who was studying in Class III, in Sarswati Vidhya Mandir and Chail Singh was posted as teacher therein. It is alleged that Chail Singh used to arrange two flasks of water pots among which, one was exclusively meant for use by the person of the upper class of society and another for the use of downtrodden class of the society and for the people of SC/ST persons. On 20.07.2022, upon crave of thrust, his nephew Indra Kumar erroneously used the pot for drinking water which was being used by the people of upper class of society, upon which Chail Singh irked by his act and started to gave beatings to him. It is further submitted that his nephew was also humiliated and intimidated by the appellant on account of his caste as he belongs to Scheduled Caste community. It is alleged that as a consequence of the injury inflicted to boy Indra Kumar, he died on 13.08.2022. There are allegations that injury inflicted to Indra Kumar by Chail Singh was responsible for the death of his nephew. On the basis of the said written report FIR No.155/2022 was registered at the Police Station Sayala, District Jalore for the offences under Section 302 IPC and Sections 3(1)(r), 3(2)(v) of the SC/ST (Prevention of Atrocities Act) and Section 75 , 82(1) of the JUVENILE JUSTICE ACT and investigation commenced.

3. After investigation and from the evidence collected by the agency, prima facie an offence under Section 302 IPC and Sections 3(1)(r), 3(2)(v) of the SC/ST (Prevention of Atrocities Act) and Section 75 , 82(1) of the JUVENILE JUSTICE ACT was found proved against the and the charge sheet for the above mentioned offences came to be submitted before the Special Court. Thereafter, taking cognizance of the offences, the learned Special Judge, heard the parties on the issue of farming of charges. It seems that due weightage was given to the accused and his submissions were considered by the trial Judge and thus vide order dated 04.02.2023, while assuming it a fit case for trial, the learned trial Court directed to frame charges against the appellant, which is under assail before this Court.

4. Heard learned counsel for the appellant as well as learned Public Prosecutor for the State and perused the order impugned and the record of the case which was summoned by the Coordinate Bench of this Court vide order dated 16.02.2023.

5. After hearing the counsel for the parties and perusing the record, this Court is of the firm opinion that the learned trial Judge has prudently appreciated the legal and factual aspects of the matter and then form an opinion that there are reasonable grounds to presume that the accused committed the offence as alleged and, therefore, he is required to be tried. There is sufficient direct or indirect evidence levelling allegation of beating by the accused, as a necessary consequence of which, the deceased Indra Kumar had sustained thrombus in the throat and ocular veins.

6. The statement of Dr. Harshad Sutariya is also on record besides treatment record and postmortem report of Indra Kumar, during the course of investigation, a pen drive c