PRAVEEN KUMAR 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. The challenge in this appeal is to the order dtd. 26/3/2024 in Crl.M.P No.1159/2024 passed by the Court of the Special Judge for the trial of the offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (Sessions Judge), Alappuzha.

(2.) The appellants are accused Nos.1 and 2 in Crime No.1016/2023 of Poochakkal Police Station. The appellants and the other accused are alleged to have committed the offences punishable under Ss. 143, 147, 447, 341, 323, 324, 294(b), 342 and 326 read with Sec. 149 of IPC and Sec. 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'). The prosecution case:

(3.) On 21/12/2023 at 10.00 p.m, the accused Nos.1 to 6 formed themselves into an unlawful assembly and in prosecution of the common object of the said assembly, accused Nos.1 and 2 (appellants) trespassed into the courtyard of the family house of the defacto complainant. Appellant No.1 abused the defacto complainant and his brother-in-law in filthy language. When the defacto complainant questioned the same, appellant No.1 beat him with a stick and fisted on his face, causing injury to his upper lip. Appellant No.1 again beat and threatened him. When the brother-in-law of the defacto complainant who belongs to the scheduled caste community attempted to prevent appellant No.1, he stamped down him and beat forcefully on his left leg with a stick. Appellant No.2 then stamped on various parts of his body.