PEEDIKANDI ABDULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, on the charge - sheet filed by Koduvally Police, faced a trial under S.323 and S.354, IPC and also under S.3 (1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. To appreciate the case of both the prosecution as well as the contention of the appellant, the following facts are required. On 18-8-1993, PW 4 and PW 5, who are sisters, along with some other workers, were returning home after the day's work was over, in a bus, which was plying to Thiruvambady. While the bus was proceeding, the appellant had occupied a seat, intended for lady. Then PW 5 asked him to vacate the seat, so as to enable her to occupy the same. The appellant refused. Therefore, there arose a wordy quarrel, while the bus was proceeding. The bus was stopped at Omasseri bus stand, where PWs 4 and 5 got down. The appellant also got down from the bus. In the bus stand, the accused / appellant in continuation of the wordy quarrel inside the bus, gave a blow with his hand, on the back of PW 5. PW 4 intervened. She was also kicked by the appellant with his leg on her abdomen. Thereafter both PWs 4 and 5 were taken to Thiruvambady Police Station, where PW4 gave a complaint to the Head Constable, who registered a case under S.323, IPC and S.3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. In the same bus, after the occurrence was over, the appellant also travelled.

(2.) After the case was registered, both PWs 4 and 5 were taken to the Primary Health Centre, Mukkom, where they were treated by the Doctor, examined as PW 2, who has issued Exts. P3 and P4 certificates. The Doctor, when examined both PWs 4 and 5, did not find any external injury, and however both PWs 4 and 5 complained of pain. Thereafter, the case was transferred to Koduvally Police Station, the Circle Inspector of which, took up the investigation.

(3.) After completing the investigation, he laid the charge - sheet before the Sessions Judge, Kozhikode.