KIRAN S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the second accused in the case registered as Crime No.644/2019 of Ochira police station.

(2.) The case was initially registered against the petitioner and the first accused for the offences punishable under Sections 294(b), 341, 323, 452, 324, 325 and 326 read with 34 I.P.C and also under Sections 3(2) and 3(1)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act'). Subsequently, the offences under the Act was changed as under Sections 3(1)(r), 3(1)(s) and 3(2)(va). The offence punishable under Section 326 I.P.C was deleted also.

(3.) The prosecution case is as follows: The accused are persons who do not belong to Scheduled Caste. The de facto complainant and the members of his family belong to Scheduled Caste. On 19.06.2019, at about 15.00 hours, the accused came to the road in front of the house of the de facto complainant and abused him. The de facto complainant went to the road and asked the accused not to abuse him. Then the first accused caught hold of his shirt and beat him on the cheek and pushed him down. The first accused also hit on the face of the de facto complainant with his hand. Then, the de facto complainant ran into his house. Both accused then entered into his house. The brother of the de facto complainant tried to obstruct them. The second accused then beat the brother of the de facto complainant with an iron rod. The first accused hit on the right hand of the de facto complainant with a stone. When the wife of the de facto complainant came there, the first accused pushed her and abused her. The first accused also abused them by calling them by their caste name. When the neighbours came there, the accused left the place.