A.VATHIYAR RAJENDRAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal arises out of judgment of conviction and sentence passed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases Registered under SC/ST (POA) Act, Villupuram/trial Court in Special S.C.No.19 of 2015, dtd. 28/4/2016.

(2.) The conviction and sentence imposed by the trial Court, against the appellants/A1 to A6, are as follows:-

(3.) The gist of the case is that PW1/defacto complainant lodged a complaint (Ex.P1) on 4/7/2010 while taking treatment in the Government Hospital, Kallakurichi. PW9/the Sub Inspector of Police received the complaint (Ex.P1) and registered the FIR in Crime No.94 of 2010 (Ex.P8). The complaint is that the appellants are adjacent land owner of PW1 and they have some dispute over the boundaries of the land and there were civil and criminal cases pending between them. On 3/7/2010, at about 06.00 p.m., when PW1's father-in-law/PW2 had gone to watch over the field, the 1st appellant, his sister's son/2nd appellant, his wife/3rd appellant, his mother/4th appellant, his sister/5th appellant and his sister's daughter/6th appellant were removing the boundary stone, which was installed by the land surveyor, and put up the same in PW1's land. When PW2 questioned the same with the appellants, the 1st appellant scolded PW2. On hearing the same, PW1, his mother-in-law/PW3 and his wife/PW4 reached the scene, at that time, the appellants, who all armed with weapons (MO1 to MO4), assaulted PW1 to PW4. Due to which, they sustained injuries and went to the Government Hospital, Kallakurichi, where PW10/Doctor gave treatment and referred some of the injured persons to the private hospital for further treatment and issued Accident Registers (Exs.P9 to P12). The appellants while attacking PW1 to PW4 used abusive words uttering their caste name which attracts the provisions of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. PW11/Deputy Superintendent of Police, Kallakurichi Sub Division after getting appropriate order (Ex.P13) from the Superintendent of Police, Kallakurichi took up the investigation, visited the scene of occurrence, prepared Observation Mahazar and Rough Sketch (Exs.P14 and P15), enquired the witnesses, recorded their statements, collected Material Objects (MO1 to MO6). On PW11's transfer, PW12/Deputy Superintendent of Police, Kallakurichi Sub Division conducted further investigation, enquired the Doctor, who treated PW1 to PW4 and obtained Accident Registers (Exs.P9 to P12) and on completion of investigation, filed charge sheet before the learned Judicial Magistrate, Kallakurichi, which was taken on file as P.R.C.No.61 of 2010. On committal, the case was transferred to the file of the Special Court for Exclusive Trial of Cases Registered under SC/ST (POA) Act, Villupuram/trial Court and renumbered as Special S.C.No.19 of 2015.