ARUNAGED Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises out of order dtd. 24/7/2023 on the files of the Court of Session/Special Judge for the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ernakulam Division in Crl.M.C. No.2032/2023.

(2.) The appellant is the sole accused in Crime No.374/2023 of Kalady Police Station registered for offences under Ss. 450, 341, 324, 326, 307, 506(ii) and 294(b) IPC, Sec. 27 of the Arms Act and Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) Prosecution alleged that the appellant committed damage to tapioca plants cultivated by the de facto complainant in the property owned by the Panchayat situated near the appellant's residence. The wife of the de facto complainant questioned this. On account of this enmity, the appellant trespassed to the sit out of the residential house of the de facto complainant with a sword stick and caught hold on the neck of the son of the de facto complainant and inflicted injuries using sword stick. The de facto complainant and his wife when intervened to protect their son, sustained injuries inflicted by the petitioner. The de facto complainant and family belong to Scheduled Caste. FIR was lodged on 22/5/2023 and the appellant was arrested on 24/5/2023.