RAJULA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) A-1 to A-3 are the appellants before this Hon'ble Court. The trial court convicted the appellants for an offence punishable under Section 3 (l) (x) r/w. 8 (a)of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (in short 'the SC and ST Act)and under Section 323, i. P. C. and sentenced them to undergo imprisonment for six months each and to pay a fine of Rs. 500/- each respectively. Aggrieved against the conviction and sentence, the present appeal has been preferred before this Hon'ble Court.

(2.) THE case of the prosecution is that P. W. 1 belongs to SC and ST community. On 2-12-1999 at about 7. 00 p. m. , when P. W. 1 was passing through Melatheru Kadapari village, the appellants alleged to have abused him, calling his caste name and further A-1 with hand alleged to have caused injury on the forehead, A-2 with stick on the back of the chest and A-3 with the stick on the right fore arm. This incident was witnessed by P. W. 3. However, he has been treated hostile. P. W. 1 informed this incident to P. W. 5. P. W. 5 took P. W. 1 to Pondicherry JIPMER hospital at about 11. 00 p. in.

(3.) P. W. 2, the medical officer attached to JIPMER Hospital, Pondicherry examined p. W. 1 at 11. 45 p. m. and found two injuries, namely tenderness and ill-defined swelling 4 x 3 cm left zygoma and tenderness in right elbow in lateral aspect swelling ill-defined 3 x 3 cm abrasion present over swelling. The examination report is Ex. P-2. Before even admitting P. W. 1, P. W. 1 left from the hospital.