BENTICK RAJA Vs. STATE

JUDGEMENT

(1.) The accused in Spl.S.C.No.96 of 2016, on the file learned learned Principal District and Sessions Judge, Didigul have filed this Criminal Appeal challenging the following conviction and sentence imposed on them by the impugned judgment dtd. 18/12/2017 in Spl.S.C.No.96 of 2016, by the learned Principal District and Sessions Judge, Dindigul.

(2.) On 13/4/2016 at about 15.30 hours, P.W.1 to P.W.3 were travelling on a Hero Splendor Bike bearing registration No.TN-57- AY-8365 to Poonangulam Reservoir and at that time, the appellants stopped and questioned them and abused them with filthy language by using their caste name. The second appellant asked the first appellant to bash up P.W.1, and therefore, the first appellant attacked P.W.1 with an aruval on his hand and head and caused injuries. The second appellant also attacked P.W.1 with sticks and ran away from the scene of the occurrence. P.W.2 and P.W.3 also for cover from the place of occurrence on seeing the attack on P.W.1. Thereafter, P.W.1 made a complaint before the respondent police. Pursuant to which, the respondent police registered a case for the offences under Ss. 294(b), 324, 506(ii) of IPC r/w Sec. 3(1)(x) of the SC/ST (POA) Act, as against the first accused and for the offences under Sec. 294(b), 323 and 506(ii) of IPC r/w Sec. 3(1)(x) of SC/ST (POA) Act, 1989.

(3.) After investigation, the investigating officer filed a final report before the Judicial Magistrate Nilakottai and the same was taken on file by the learned Judicial Magistrate in P.R.C.No.13 of 2016. After furnishing copies of records to the appellants under Sec. 207 of the Code of Criminal Procedure, the learned Judicial Magistrate, Nilakottai, committed the case to the Court of Sessions. The Principal Sessions Judge, Dindigul, took up the case in Spl.S.C.No.96 of 2017 and framed necessary charges and questioned the appellants under Sec. 235(2) Cr.P.C and they pleaded not guilty and denied the charges and their involvement in the offence and stood for trial.