LOVELINE OLIVER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused 1 to 3 in the case S.C No. 529/2016 on the file of the Court of Session, Thodupuzha.

(2.) The offences alleged against the petitioners are under Sections 447, 506(1) and 294(b) read with 34 IPC and also under Sections 3(1)(x) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(3.) The prosecution case is as follows: The petitioners/accused are persons who do not belong to scheduled caste or scheduled tribe. The de facto complainant in the case is a person who belongs to scheduled caste. On 10.08.2015, at about 7:30 hours, the first and the second accused criminally trespassed into the courtyard of the house of the de facto complainant and they abused and insulted him by calling him by his caste name. They also threatened that they would kill him. The third accused, who stood at the road near the house of the de facto complainant, called the de facto complainant by his caste name and also threatened and abused him.