MUTHU KUMAR Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal arises against the judgment dated 15.04.2005 made in Sp. S.C. No. 57/2004 on the file of the I Additional Sessions Judge, (P.C.R.), Tiruchirapalli.

(2.) THE four appellants stand convicted for offences under Section 341 and 352 IPC and r/ w 3 (1) (x) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989. THEy were sentenced to pay a fine of Rs. 500/- each for offence under Section 341 IPC in default to undergo R.I. for one month each and sentenced to undergo R.I. for six months for each for offence under Section 352 IPC r/w 3(1) (X) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 as also as to pay a fine of Rs.1,000/- each in default to undergo R.I. for two months.

(3.) P.W.1 is the complainant and has spoken to the restraint exercised upon him and of having been abused by using his caste name. P.W. 2, has spoken to the occurrence. P.W.3 has spoken only to the assault of P.W.1 by the accused. P.W. 2 has been treated as hostile. His evidence however would point to a tussle between P.W. 1 and the first accused and that the dispute relating to land holding was raised by P.W.1, which was objected to by the first accused informing that the village meeting had been called for, not to discuss such issue, but to deal with the issue of P.W. 1 and his group, not attending to the beating of drums for the Pongal festival. His evidence also would show that towards avoiding a caste dispute, the first accused was taken and left at this house and the entire group was pacified towards avoiding anything untoward. P.Ws. 5 and 6 are the other witnesses. P.W.5 was the Mahazar witness. P.W.6 was an eyewitness, who has spoken to the attack on P.W. 1. P.W.7 Tahsildar, has issued the caste certificate relating to the accused and P.W. 1. P.W. 8 Sub-Inspector of Police, registered the case. P.W.9 was the Investigating Officer.