VELUSAMY Vs. STATE

JUDGEMENT

(1.) The appellant/A1 in S.C.No.32 of 2018, on the file of the learned Principal Sessions Judge, Karur, filed this appeal challenging the conviction and sentence imposed against him, in S.C.No.32 of 2018, dtd. 10/2/2020, by the learned Principal Sessions Judge, Karur, and acquit the appellant.

(2.) The Brief facts of the prosecution case reads as follows: The defacto complainant and the accused belong to the same village. On 2/11/2017, when the defacto complainant and his brother were fetching water in the tank, the appellant herein, who passed through that way on a bike with his wife (A2) is said to have abused P.W.1 by using his caste name stating that how P.W.1 could defecate on the road side since the agricultural land of the appellant was located behind that place. When the same was denied by P.W.1, A2 caught hold P.W.1's hands from his back and the appellant attacked P.W.1 on his neck & hip and caused injuries. When the same was questioned by P.W.1's brother, he pushed him down on the road. Then P.W.1 gave a complaint before P.W.11. The same was registered in Crime No.461 of 2017, for the offences under Ss. 294(b) and 323 of IPC r/w Sec. 3(1)(r), 3(1)(s) & 3(2)(va) of the Scheduled Caste and Scheduled Tribes, Act, 1989, (hereinafter, for the sake of brevity, referred to as "SC/ST Act"). Thereafter, P.W.12 conducted the investigation and filed the final report. The same was taken on file in in S.C.No.32 of 2018, by the learned Principal Sessions Judge, Karur.

(3.) On appearance of the appellant, copies of documents relied by the prosecution were furnished to the accused under Sec. 207 of Cr.P.C. Then, he framed the necessary charges and questioned the accused. The accused denied the charges and pleaded not guilty and stood for trial.