IRUSAPPAN Vs. STATE

JUDGEMENT

(1.) This appeal challenges the judgment dated 17.10.2008 passed by the learned Principal Sessions Special Judge, Special Court, Villupuram Sessions Division, Villupuram in S.C. No. 27 of 2001, whereby the appellant, ranked as first accused, stood charged for the offences under Sections 148, 341, 302 of the Indian Penal Code read with Section 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989) and Section 3(1)(10) of the Prevention of Atrocities (S.C./S.T.) Act along with other six accused ranked as accused 2 to 7 and on trial, he was found guilty under Sections 148, 341, 302 of the Indian Penal Code read with Section 3(2)(5), 3(1)(10) of the Prevention of Atrocities (Scheduled Caste/Scheduled Tribe) Act and awarded the punishment of Rigorous Imprisonment for two years and to pay a fine of Rs. 5,000/- in default to undergo Rigorous Imprisonment for three months for the offence under Section 148 of the Indian Penal Code; Simple Imprisonment for one week and to pay a fine of Rs. 200/- in default to undergo Simple Imprisonment for one week for the offence under Section 341 of the Indian Penal Code; Life Imprisonment and to pay a fine of Rs. 10,000/- in default to undergo Rigorous Imprisonment for six months for the offence under Section 302 of the Indian Penal Code read with Section 3(2)(5) of the Prevention of Atrocities (S.C./S.T.) Act and to undergo Simple Imprisonment for one year and to pay a fine of Rs. 5,000/- in default to undergo Simple Imprisonment for two months for the offence under Section 3(1)(10) of the Prevention of Atrocities (S.C./S.T.) Act, while all other accused were ordered to be acquitted.

(2.) The short facts necessary for the disposal of the case can be stated thus:

(3.) In order to substantiate its case, the prosecution examined 18 witnesses and relied on 50 documents and also relied on M.Os.1 to 8. On completion of examination of witnesses on the side of the prosecution, when the accused were questioned under Section 313 of the Criminal Procedure Code, they denied them as false. No witness was examined on the side of the accused.