Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 3013 (RAJ)

Arjundass @ Pappu v. State

2019-12-16

SANDEEP MEHTA

body2019
JUDGMENT Sandeep Mehta, J. - Heard. Perused the material available on record. 2. The applicant appellant is facing trial in the court of learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh for offences under Sections 302/34 IPC and Section 3 (2)(v) of the SC/ST (Prevention of Atrocities) Act. He is in custody from 11.12.2014. 3. The prosecution enlisted two witnesses Raju @ Rajkumar and Mukesh Paswan as being the eyewitnesses of the incident. Statement of Raju @ Rajkumar has been recorded before the trial court as PW.4 on 17.06.2016. In his statement, the witness alleged that the applicant-appellant brought a Kapa which was snatched by Ravi Arora who gave a blow thereof on the head of the deceased Gopalram @ Gopi. Thereafter, the appellant brought yet another Kapa and he alongwith Ravi Arora and Nishu Arora started assaulting the deceased indiscriminately. The eyewitness Mukesh Paswan is not appearing in the trial court to give evidence despite repeated directions having been given by this Court to the prosecution to examine him at the earliest. As per the statement of medical officer Dr. Shankarlal Soni (PW.14), the deceased was found having five injuries out of which four were caused by sharp weapon and one was a lacerated wound. The injury caused by the sharp edged weapon on the frontal bone of the deceased proved fatal. As per the statement of witness Raju @ Rajkumar (PW.4), specific allegation of inflicting blow on the head of the deceased is attributed to Ravi Arora, who has been enlarged on bail by this Court. 4. In this view of the matter and more particularly considering the prolonged custodial period suffered by the applicant-appellant and the fact that the prosecution witness Mukesh Paswan is not turning up for giving evidence before the trial court, I am inclined to enlarge the applicant-appellant on bail. 5. Consequently, the appeal is allowed. The order dated 12.06.2019 is set aside. It is ordered that the accused-appellant viz. Arjundass @ Pappu S/o Shri Laxman Das arrested in connection with FIR No.819/2014, Police Station Hanumangarh shall be released on bail during pendency of the trial; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. However, the prosecution shall make fervent efforts to secure the attendance of the witness Mukesh Kumar S/o Late Shri Parmeshwar Paswan for giving evidence in the trial court.