Advocates:
['IR CHOUDHARY', '', 'VIKRAM SINGH CHOUDHARY', 'GEMBHAR SINGH']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Appeal No. 246/2019

Bhimraj S/o Balram, Aged About 21 Years, B/c Jat, R/o Ward No

4, Bhompura , P.s. Hanumangarh Tow, Tehsil And Distt.

Hanumangarh (Presently Lodged In Distt. Jail Hanumangarh )

----Appellant

Versus

State, Through Pp

----Respondent

For Appellant(s)

:

Mr. IR Choudhary

For Respondent(s)

:

Mr. Pankaj Avasthi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

21/02/2019

Heard the learned counsel for the appellant as well as the

learned Public Prosecutor and perused the material available on

record.

The appellant has been arrested in FIR No. 68/2018 of Police

Station Talwara, District Hanumangarh for the offences punishable

under Sections 452, 364, 302, 323, 147, 148, 149 IPC and

Section 3(2)(V) of SC/ST Act. He has preferred this criminal

appeal under Section 14-A(2) of the SC/ST Act.

Learned counsel for the appellant has submitted that

allegation against the appellant is to the effect that he along with

other co-accused persons murdered the deceased. It is submitted

that co-accused person Naresh has also been enlarged on bail and

the case of the appellant is not distinguishable from him

(2 of 2)

[CRLAS-246/2019]

Learned Public Prosecutor has opposed the criminal appeal

and argued that all the eye witnesses have specifically named the

appellant who along with other co-accused persons had brutally

murdered the deceased. Learned Public Prosecutor has submitted

that the case of the appellant is distinguishable from co-accused

Naresh, who has been enlarged on bail because one of the eye

witness is not naming the said accused whereas, all the eye

witnesses are naming the appellant.

Having regard to the totality of the facts and circumstances

of the case and taking into consideration the fact that the eye

witness Rakesh, who happened to the nephew of the deceased has

not named the co-accused Naresh whereas all the eye witnesses

had specifically alleged that the appellant along with other co-

accused persons killed the deceased, without expressing any

opinion on the merits of the case, I am not inclined to grant the

criminal appeal under Section under Section 14-A(2) of the SC/ST

Act to the appellant.

Accordingly, the criminal appeal preferred by the appellant

under Section 14-A(2) of the SC/ST Act is rejected.

(VIJAY BISHNOI),J

Surabhii/130