RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused 1 to 3 in the case S.C.No.469/2018 on the file of the Principal Sessions Court, Kozhikode.

(2.) The offences alleged against the petitioners are under Sections 341, 323 and 324 read with 34 I.P.C and also under Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act')

(3.) The prosecution case, as per Annexure-A3 chargesheet filed against the petitioners, is as follows: The de facto complainant is a person who belongs to Scheduled Caste. The accused are persons who do not belong to Scheduled Caste or Scheduled Tribe. On 01.02.2018, at about 17.30 hours, the de facto complainant was standing at the side of a public road. The accused then wrongfully restrained him. The first accused took the tray of a 'weighing balance' from a goods autorickshaw which was parked at the side of the road and beat the de facto complainant on the head and the neck with it. When the de facto complainant fell down, the accused stamped him. It is alleged that the accused committed the aforesaid acts with the knowledge that the de facto complainant is a person who belonged to Scheduled Caste.