KARUPPAIAH Vs. DEPUTY SUPERINTENDENT OF POLICE, PERAMBALUR

JUDGEMENT

(1.) The petitioners, who are A1 and A3 in Crime No.2060 of 2020 for the offence under Section 294(b), 324, 307, 506(ii) IPC r/w. 3(1)(r), 3(1)(s) and 3(1)(v) of SC and ST (POA) Amendment Act, 2015, has filed this appeal.

(2.) The case of the prosecution is that on 07.09.2020, at about 9.30 p.m., the defacto complainant who is practising as an Advocate, along with his friends gone to "Thean Mess", they bought some 'idlis' and asked for some extra side dish, for which the owner of the mess/Karuppaiah/A1, abused the defacto complainant with filthy language called him by caste name. When the same was questioned by the defacto complainant, the first petitioner assaulted the defacto complainant with fire wood due to which the defacto complainant sustained head injury. The wife of the first petitioner/Gandhimathi and son of the first petitioner/A3 had also assaulted the defacto complainant. Thereafter, the defacto complainant was admitted in hospital and took treatment as in-patient. After receiving the complainant the second respondent/Inspector of Police, Perambalur, gone to hospital, recorded the statement and registered a case.

(3.) Notice was sent to the third respondent/defacto complainant as per Section 15 of the SC/ST Act. The third respondent was served with the notice on 12.10.2020 and the third respondent/defacto complainant has given a letter to the second respondent stating that he was made aware about the proceedings pending in Crl.A.No.408 of 2020 and the same is being listed on 13.10.2020. Affidavit of Service and the letter given by the third respondent is produced before this Court by the second respondent.