SHARLI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C.No.45/2005 of the Special Court/Sessions Court, Wayanad at Kalpetta, who stands convicted under Section 294(b) and 506(ii) of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act 1989(for short 'the Act') and sentenced to undergo rigorous imprisonment for three months and to pay a fine of 500/-, in default, to undergo rigorous imprisonment for two weeks under Section 294(b), rigorous imprisonment for two years and to pay a fine of 2,000/-, in default, to undergo rigorous imprisonment for six months under Section 506(ii) IPC and rigorous imprisonment for one year and to pay a fine of 1000/- in default, to undergo rigorous imprisonment for three more months for the offence punishable under Section 3(1)(x) of the Act. The substantive sentences of imprisonments are ordered to run concurrently. Set off has also been granted under Section 428 Cr.P.C. The prosecution case is as follows:

(2.) On 18.06.2004 at 1.45 p.m., the accused who belongs to Hindu Ehava community, had intimidated and threatened PW2 Forester of Kurichiyattu Range Vandikkadavu Section and abused him in filthy language by using obscene words. It is alleged that the accused had threatened PW2 by saying that he would be shot dead and that he had a gun with him. He further abused and intentionally insulted and intimidated PW4 Forest Guard, who is a member of the Kattunayakan community, which is a scheduled tribe, by calling his caste name and also abused him in filthy language by using obscene words, within public view. It was also alleged that the accused had used criminal force to deter PW2 and PW4, who are public servants, with a view to deterring them from the discharge of their official duties.

(3.) On the basis of Ext.P1 first information statement furnished by PW2 before the Sub Inspector of Police, Pulpally, he registered Crime No.189/2004 of the Pulpally Police Station for the offence under Sections 294B, 353 and 506(ii) IPC and Section 3(1)(x) of the Act. PW14 Deputy Superintendent of Police, Wayanad took over the investigation. He completed the investigation and filed the final report alleging the aforesaid offences.