RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed under Sec. 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The appellant is accused No.2 in Crime No.401/2024 of Palaghat Town North Police Station, Palakkad District. The offences alleged against the appellant are punishable under Ss. 341, 323, 324, 326, 397 and 342 of the Indian Penal Code, Ss. 3 and 17 of the Kerala Money Lenders Act, Ss. 4 and 3 of the Kerala Prohibition of Charging Exorbitant Interest Act and Ss. 3(2)(va), 3(1)(r), 3(1)(s) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) The prosecution case is as follows: The defacto complainant borrowed a sum of Rs.50,000.00 from the accused. He repaid Rs.1.00 Lakh towards principal and interest. The appellant and the other accused demanded more money towards interest. The defacto complainant refused to give any more money towards interest as he had already cleared the debt. Thereafter, the appellant and the other accused were living in inimical terms with the defacto complainant. On 6/4/2024 at about 10.00 a.m, the appellant and the other accused invited the defacto complainant and his friend to the house of accused No.2 and voluntarily caused grievous hurt to the defacto complainant by using a dangerous weapon. They abused the defacto complainant who belongs to the schedule caste community by calling his caste name.