SABBIRMIYA @ SAJIDMIYA A MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN the present appeal the original accused have challenged judgement and order dated 30.11.1991 rendered by learned Sessions Judge, Nadiad in Special Case No.28/1991.

(2.) THE appellants were charged for offences punishable under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act(here -in -after referred to as "the Atrocities Act") as well as under Sections 323, 426, 506(2) read with Section 114 of the Indian Penal Code. Learned Sessions Judge convicted the appellants and sentenced them to six months of simple imprisonment for offence punishable under Section 3(1)(10) of the Atrocities Act and for offences punishable under Sections 323, 426 and 506(2) of the Indian Penal Code, they were sentenced to five days and seven days respectively of simple imprisonment.

(3.) BROADLY stated, the charge against the appellants was that on 10.6.1991, at about 7:30 in the evening when the complainant Ranchodbhai was working as a Peon in a Cooperative Dairy at village Bhalej, accused No.1 - appellant No.1 gave a slap to the complainant and also beaten up his son. Appellant No.2 accused No.2 also gave blows with his hands to the complainant on his chest. They had further abused and humiliated the complainant and his son in the name of their community knowing fully well that they belong to Schedule Caste community.