The court emphasized the necessity of timely FIR registration and proper representation for marginalized communities, deferring final adjudication to ensure compliance with legal standards.

ORDER :

(Sameer Jain, J.)

The instant criminal appeal has been filed under Section 14 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on behalf of the accused-appellants. The accused-appellants were arrested in connection with FIR No. 168/2023 registered at Police Station Peeplu, District Tonk for the offence(s) under Sections 147, 148, 149, 302 and 201 IPC and 3(2)(v), 3(2)(va) of SC/ST Act.

2. Learned counsel for the accused-appellants has submitted as under:-

2.1 That the FIR was registered with a delay i.e. three days after the date of the incident. In this regard, it was averred that the FIR was registered on 29.06.2023 whereas the alleged incident is stated to have occurred on 27.06.2023.

2.2 That the accused-appellants are young boys/students aged 20 and 23 years, with no criminal antecedents, who have been falsely implicated in the offence as alleged. In this regard, it was averred that the accused-appellants are merely employees of the lease holder of the unit.

2.3 That cross-FIRs have been filed in the instant matter.

2.4 That the deceased was a habitual offender insofar as theft and clandestine removal of bajri/sand was concerned.

2.5 That the postmortem report coupled with the medical opinion and statements recorded of the concerned doctor reflects that the cause of death was not physical injuries and/or a physical altercation. Rather, the cause of death was blockage in the food pipe of the deceased. In this regard, it was averred that the deceased was under the influence of alcohol, which inadvertently resulted into vomit and blockage in the food pipe.

2.6 That all the injuries, as reflected on record, are simple in nature. Moreover, the FSL report does not support the story of the prosecution.

2.7 That the accused-appellants are young students who have been in judicial custody for almost one year.

3. Placing cumulative reliance upon the aforesaid, learned counsel for the accused-appellants prayed that the instant appeal be allowed and the accused-appellants be enlarged on bail.

4. Per contra, learned counsel for the State and complainant, submitted as under:-

4.1 That the deceased belongs to the SC/ST community, being from a very humble and poor background.

4.2 That the delay in registering the FIR was on account of efforts on part of the accused-appellants in arriving at a compromise with the relatives of the deceased with the incentive of a monetary gratification. Moreover, there was no co-operation by the State and police authorities in registering said FIR.

4.3 That in the purely identical set of facts and circumstances, arising out of the same FIR, this Court in the case of the co-accused has rejected their appeals vide order dated 21.11.2023 in SBCRA No. 2922/2023. Against said rejection order dated 21.11.2023, a SLP was preferred before the Hon'ble Apex by the accused-appellants, which also came to be dismissed vide order dated 14.12.2023.

4.4 That the postmortem at Serial No. A has exhibited injury in the neck of the deceased, which is fatal/grievous in nature and the same was not considered by the medical officer and rather, a contradictory report was given, on account of the latter being under the undue influence of the sand mafia/lease holder.

4.5 That there is a recovery of a lathi and blunt weapon from the accused-appellant, which coupled with the 14 injuries in total including the said grievous injury on the neck, goes on to show that the deceased was beaten to death.

4.6 That charge-sheet has been filed wherein certain persons are noted to be absconding and therefore, the same has been kept open under Section 173(8) of Cr.P.C.

4.7 That in the facts of the instant matter, the FIR was only registered on account of protest by the jurisdictional MLA and MP, on account of wide spread public outrage. Moreover, it was only after said public protests, the investigation/matter was shifted to the CID-CB.

4.8 That despite the investigation/matter being shifted to the CID-CB, the cr