SHANMUGAM Vs. STATE

JUDGEMENT

(1.) THE appellants herein are the accused in S.C.No.235 of 2002, on the file of the Principal Sessions Judge, Salem. THE learned trial Judge had convicted and sentenced the accused/appellants, which are as follows: Appellants 2 and 3 were convicted under Section 147 of Indian Penal Code and sentenced to undergo rigorous imprisonment for six months each Appellants 1, 4 to 6 were convicted under Section 148 of Indian Penal Code and sentenced to undergo rigorous imprisonment for six months each Appellants 1 to 6 were convicted under Section 3(1)(x) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/- each, in default to undergo rigorous imprisonment for one month each and Appellants 1, 4 to 6 were convicted under Section 324 of Indian Penal Code and sentenced to undergo rigorous imprisonment for six months each. Aggrieved by the above said conviction and sentence, the appellants have been preferred the present criminal appeal.

(2.) THE case of the prosecution in brief is that P.W.1 the resident of Zahir Chinnama Palayam, Salem Taluk, was a plus two student. On 26.6.2002, at 4.30 p.m, P.W.1 was on his way to attend his tution classes. While he was nearing Kaliamman Temple, the accused who were gathered near a beeda shop had called P.W.1 and abused him stating that "TAMIL". P.W.1 had replied that he was going to attend tution classes. THEreafter, the second accused had kicked P.W.1 on his testicles. THE second and the third accused caught hold of him and then the remaining four accused had attacked him with casuarina sticks.

(3.) ON 27.6.2002, he arrested the accused Narayanamurthy (A-3), Nagaraj (A-4), Ansar (A-5) and Jakkeriya (A-6) and recovered casuarina sticks. ON 2.7.2002, he received the information that accused Gopal (A-2) surrendered before the Judicial Magistrate. P.W.11 had made a requisition to the Special Tahsildar, Salem, and received the community certificates pertaining to P.W.1 and the accused, marked as Exs.P-1 to P-8. ON completion of the investigation P.W.11 had laid the final report against the accused, on 29.7.2002.