M. JEYAPRAKASH Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Heard the learned Senior Counsel appearing for the appellants and the learned Government Advocate (Crl.side) appearing for the first respondent. Since these cases arise under SC/ST (POA) Act, 1989, this Court thought it fit to hear the defacto complainant Thiru. Muthupandi also.

(2.) The occurrence had taken place in Sudiyur Village in Ramnad District. The case of the prosecution is that, on 03.03.2012, at around 10.00 pm, the defacto complainant-Muthupandi, P.W.I0-Sasikumar, P.W.2-Sathurakiri, were in the village temple dedicated to Piramma Muneeswarar. Kumbabishekam in the said temple was to be performed the next day. The said three individuals joined others and were about to install the idol of Nandhi. At that time, the accused, who belong to 'Maravar' community are said to have abused the aforesaid persons by referring to their caste. Muthupandi, Sasikumar and Sathurakiri belong to 'Pallar' community. Taking exception to the conduct of the accused, the aforesaid individuals had approached P.W.3- Devaraj-Panchayat President and he was brought to the spot. That aggravated the situation and it is alleged that the accused persons committed physical assault on them and caused them injuries. All the three individuals were taken to Government Hospital, Paramakudi, immediately. Thereafter, intimation was sent to the local Police and their statements were also taken. P.W. 1-Muthupandi's statement was recorded as Ex.P.1 Based on the same, Crime No.57 of 2012 (Ex.P.9) was registered on the file of the Parthibanoor Police Station for the offence under Sections 147, 148, 294(b), 323 and 506(ii) IPC and 3(l)(x) of SC/ST Act. Since the case involved offence under SC/ST Act, P.W.I 1-DeputySuperintendent of Police took over the investigation. Final report was made ready on 30.09.2012 and filed before the jurisdictional Magistrate, thereafter.

(3.) Cognizance of the offence was taken by the learned Judicial Magistrate, Paramakudi in PRC.No.5 of 2013. The case was committed to the learned Principal District and Sessions Judge, Ramnad. The case was taken up for trial in Spl.S.C.No.64 of 2013. As many as 9 charges were framed against the accused. There were totally 9 accused. Nagaraj, S/o.Malairaj was shown as first accused. During the pendency of the proceedings before the trial Court, Nagaraj passed away and the proceeding abated against him. The accused denied the charges framed against them and claimed to be tried.