RAVI GOUNDER Vs. STATE

JUDGEMENT

(1.) CRIMINAL Appeal has been preferred against the judgment passed by the learned Principal Sessions Judge and Special Judge, Erode, in S.C.No.205 of 1999, dated 16.03.2000. This CRIMINAL Appeal has been filed against the judgement in S.C.No.205 of 1999, dated 16.3.2000 passed by the learned Principal Sessions Judge/Special Judge, Erode, convicting A.1 and A.2 for the offence committed by them under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and imposing the punishment of rigorous imprisonment for two years A1 to A3 for the offence committed by them under Section 325 IPC and imposing the punishment for one year and A2 and A3 for the offence committed by them under Section 323 IPC and imposing simple imprisonment for six months and the sentences shall run concurrently.

(2.) LEARNED counsel appearing for the appellants submitted that Without going into the merits of the appeal, in view of the decisions of our High Court and the Honourable Supreme Court, the appeal can be allowed straightway as in the instant case as well, the learned Principal Sessions Judge -cum- Special Judge, Erode has taken cognisance of the offence under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act directly without there being a committal by the concerned Judicial Magistrate. He further submitted that the learned Sessions Judge ought not to have taken cognizance of the case without an order of committal passed by the concerned Judicial Magistrate and in this case, the Investigating Officer filed the final report before the learned Sessions Judge and the learned Sessions Judge committed an error in taking cognizance on the basis of the final report without an order of committal.