(1.) This appeal has been filed by the original accused challenging a judgement and order dated 27.2.1996 passed by learned Additional Sessions Judge, Surat.
(2.) The appellant original accused in a criminal case No.68/1993, are charged with offences punishable under Section 3(1)(10) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act (here-in-after referred to as Sthe Atrocities Act) as well as Sections 323, 504, 506(2) read with Section 114 of the Indian Penal Code.
(3.) Broadly stated, it was the case of the prosecution that on 5.7.1992 while wife of the complainant was trying to fill water from a common village Tap, the appellants herein quarreled with her, insulted her in the name of her community(being belonging to Schedule Caste) and also beat her with fist and kick blows thereby committing above-mentioned offences. Learned trial Judge though was pleased to acquit the appellants of the offences punishable under Section 504, found that the appellants had committed offences punishable under Sections 323, 506(2) of the Indian Penal Code as well as Section 3(1)(10)of the Atrocities Act. Learned Judge was pleased to impose simple imprisonment of six months for offence punishable under Section 323 of the Indian Penal Code and three years each for offences punishable under Section 506(2) of the Indian Penal Code and Section 3(1)(10) of the Atrocities Act. It is this judgement which is under challenge in this appeal.