MANIKANDAN; RAVICHANDRAN CHETTIAR Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The accused in Special Sessions Case No.36/2008 on the file of the Special Court cum Principal Sessions Court, Coimbatore are the appellants.

(2.) The first and second appellants were charged for an offence punishable under Section 3(1)(x) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 and each of them was convicted and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for one month. Further, the first appellant was charged for an offence under Section 323 IPC and convicted and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for one month. Aggrieved by the same, the Appeal is filed by the accused / appellants.

(3.) The case of the prosecution is that on 6.4.2008 at about 11.00 a.m., the defacto complainant / PW.1 was going in his two wheeler TN 37 A.V.1820 and dashed against the two wheeler driven by the first appellant and therefore, the first appellant beat PW.1 with hands on his left cheek and caused simple injuries and therefore, the first accused/appellant was charged with the offence under Section 323 IPC. It is further stated that in furtherance to the said incident, both the accused / appellants with the intentions of causing insult, defame and to threaten PW.1, called PW.1 by his caste name, and also threatened PW.1 with his caste name and therefore, both the accused were charged with the offence punishable under Section 3(1)(x) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989.