In a recent legal judgment by the Gujarat High Court, a case involving a dispute over injuries and caste-based insults has been resolved. The case, between Kalyan Chandra Sarkar and Rajesh Ranjan @ Pappu Yadav, sheds light on the complexities of the legal system. As the court deliberated on various charges under different acts, including the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, a nuanced approach to justice was adopted. Follow this summary for a closer look at the proceedings and outcomes of this significant legal battle.
Arguments
- The petitioner has not committed any offense under the Atrocities Act.
- The petitioner has been in custody for over 10 months, but the nature of the incident suggests he may not be granted regular bail.
- The petitioner used multiple weapons to cause head injuries to the victim, indicating intent to kill.
- The prosecution argues that the petitioner used derogatory language about the victim’s caste, potentially constituting an offense under the Atrocities Act.
- 19 antecedents have been reported against the petitioner, including various criminal cases in Amreli District, making him a threat to society.
- The prosecution objects to regular bail based on the filed charge sheet, ongoing trial, and the number of antecedents against the petitioner.
- The petitioner has filed a petition seeking regular bail in connection with FIR No. 11193004230334 before the Amreli Rural Police Station.
- The charges against the petitioner include offences under various sections of the Indian Penal Code, Gujarat Police Act, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- The prosecution’s case in the FIR alleges that a scuffle started when the complainant’s motorcycle tire pressed the leg of the accused, leading to the accused hitting the complainant with a pipe and then an axe, causing minor injuries.
- The complainant required treatment and was admitted to the hospital on two separate occasions due to dizziness.
- The petitioner’s bail application was initially rejected by the lower court, leading to the filing of the present bail application.
Analysis
- The petitioner is the sole accused in the offence of attempt to murder, causing injuries with an iron pipe and a spade.
- Injuries were inflicted on the back side of the head with the iron pipe, a vital part of the body.
- The petitioner was also involved in offences under the Amreli Rural Prohibition Act and the Epidemic Act, as well as various sections of the IPC.
- The petitioner has a history of detention under the PASA and has been repeatedly involved in multiple offences, becoming a habitual offender.
- The present petition has been dismissed.
- The petition filed by Kalyan Chandra Sarkar against Rajesh Ranjan @ Pappu Yadav stands dismissed.
- The judgment was delivered by the Hon’ble Apex Court in 2004.
Case Title: MAHAVIR DILUBHAI VALA Vs. STATE OF GUJARAT
Case Number: R/CR.A/1038/2024
