LUCY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused stands convicted by judgment in SC.No.194/2004 of the Sessions Court, Thodupuzha for offences punishable under Sections 323 and 506 of the Indian Penal Code and Section 3 (1) (x) of the Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act , 1989 and sentenced thereon.

(2.) The prosecution allegation was that the victims and the accused are the neighbours and that due to the enmity between them, on 28.07.2003 at about 4.30 pm., the accused voluntarily caused hurt to PW1 and PW2, by pelting stone on PW2 and by beating PW1 with bare hands. It was further alleged that the victims belonged to Scheduled Caste community and the accused, who belonged to upper caste, being fully aware of it abused the victims using words which were intended to humiliate them in the eyes of the public. On the basis of the First Information Statement laid, crime was registered as Crime No.133/2003 of Kaliyar Police Station. After investigation, final report was laid for offences punishable under Sections 447 , 294(b) , 506(i) , 323 and 324 of the Indian Penal Code and Section 3 (1) (x) of the Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act 1989. The learned Sessions Judge, on an evaluation of the evidence tendered by PW1 to PW9, and evaluating Exts.P1 to P9 let in by the prosecution, found the accused guilty, convicted and sentenced to undergo simple imprisonment till rising of the court and to pay a fine of Rs.1000/- (Rupees one thousand only) with default sentence for offences under Sections 323 and 506 of the Indian Penal Code and Section 3 (1) (x) of the Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act . Accused was acquitted of other offences. This is assailed by the accused in this appeal.

(3.) Heard the learned counsel for the appellant and the learned Public Prosecutor.