ELABI ALIAS MURUGESAN Vs. STATE

JUDGEMENT

(1.) THE question that arises in this Criminal Revision is when a person is charged for commission of offence under Section 302 IPC (2 counts) in relation to persons belonging to Scheduled Castes or Scheduled Tribes, whether charge under section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act) should also be framed.

(2.) THE facts leading to the controversy can be briefly stated as :- THE petitioner herein Elabi @ Murugesan one Palanivel Selvaraj and Marialious were friends. On 11.6. 1999 at 10. 30 P.M. they were playing cards. In the course of the play, altercation occurred, as a result of which the petitioner strabbed Selvaraj on his back with a knife. He had also attacked Palanivel with the same knife on the head, chest and rib, as a result of which Selvaraj and Palanivel died.

(3.) I have very carefully perused the charges and also the 161 statement of the eye-witnesses, namely, Srinivasan Ananadarj and Maria Louis. All of them had stated that because of some dispute in playing cards, the accused attacked the deceased, because they belonged to Scheduled Caste or Scheduled Tribe, i.e. with an intention of attacking a person belonging to Scheduled Caste or Scheduled Tribe.