GOPI Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is filed as against the judgment rendered in S.C.No:28 of 2001, dated 31.5.2002 by the learned II Additional District and Sessions Judge (Protection of Civil Rights), Thanjavur and to set aside the conviction of the appellants 1 to 4 under Sections 341, 355 and 323 IPC and sentence imposed upon them to undergo 3 months S.I., one year SI., and 6 months SI., respectively, and conviction of appellants 5 to 7 under Section 342 IPC and sentence imposed upon them to undergo simple imprisonment for 6 months and further conviction of appellants 1 to 7 under Section 3(1)(x) SC/ST Act and sentence imposed upon them to undergo SI., for 30 months and to pay fine of Rs.500/= each, in default to undergo one month simple imprisonment.

(2.) THE brief facts of the prosecution case is as follows:- THE defacto complainant (P.W.1) and P.Ws 2 to 4 are members of Scheduled Caste (Hindu-Parayar). Al the accused herein are caste Hindus. On 18.3.2000 at about 6.00 pm., at Edaiyiruppu Village, P.Ws 1 to 4 were pasting the poser of their community conference schedule to be held on 16.4.2000. When P.Ws 1 to 4 were pasting the said poser on the wall of the shop belonging to the Government, all the accused came there and objected to the pasting of the said poster and questioned PWs 1 to 4 as to why they were pasting the said poster there. For which, PWS 1 to 4 replied that it was their community conference poster an that they are pasting it on a public wall. Immediately, all the accused particularly the first accused intentionally insulted PWs 1 to 4 by calling their caste name as and he brought a firewood from the nearby shop and beat PW.1 on his left leg and left eye brow. THE third accused beat PW.3 with a firewood on his left hand and left shoulder. When PW.2 objected the acts of the accused, he was beaten with chappal by A.2. A.4 shouted directing the other accused to tie P.Ws 1 to 4. THEreafter all the accused beat P.Ws 1 to 4 and they were made to sit on the road in a row. THEreafter A.5 to A.7 were sent for from Thirukarukavur. A.5 to A.7 on their arrival at Ediayiruppu Village beat P.WS 1 to 4 and all the accused took homeopathi Hospital room and bolted the door from outside. P.Ws 5 to 8 witnessed the entire incident and P.Ws 5 rushed to the street at Thirukarukavur and informed them about the atrocities of the accused. THEreafter, P.Ws 5 to 8 pleaded with the accused to let out P.Ws 1 to 4 and t hat further discussion can be held on the next day morning. But all the accused dragged out PWs 1 to 4 from out of the said homeopathi clinic room of Thirukukarukavur and beat them as to why they have pasted the poster at Edaiyiruppu village. THEreafter after great persuasion all the accused released PWS 1 to 4 who were taken to their street by P.Ws 5 to 8 and on the next day morning P.Ws 1 to 4 went to the Papanasam Police Station. On 19.3.200 at 3.30 hours P.W.14, the Special Sub Inspector of Police of Papanasam Police Station received the complaint Ex.P.1 lodged by P.W 1 and registered an FIR Ex.P.16, in crime No.126/2000 and sent the same to the Judicial Magistrate, Papanasam. He despatched the copies of Ex.P.16 to his higher officials. He sent P.Ws 1 to 4 with medical Memo to the Government Hospital, Papanasam for treatment. PW.11 Dr.Karunanithi, Senior Civil Surgeon, of the said Hospital examined P.Ws.1 to 3 as outpatients. P.W.11 noted the injures found on PWs. 1 to 3 in the Accident Register copies (Exs.P.2 to P.4) respectively. THE caste certificates Exs.P.5 to P.11, were issued to the accused perspectively by Chandrasekaran, the then Deputy Tashildar, Papanasam. P.W.13 Pannerselvam then Tahsildar, Papanasam issued caste certificate to P.Ws.1 to 4 respectively certifying that they belong to members of Schedule Caste (Hindu-Parayar) During investigation P.w.15, the former Deputy Superintendent of Police, Papanasam prepared an observation mahazar Ex.P.17 and a sketch map Ex.P.18 on 19.3.200 at 17.30 hours at the scene of occurrence in the presence of witnesses like P.Ws.9 to 10. A.1, A.2, A.4 and A.7 were arrested on the same day and sent for remand. After completing the investigation, P.W.15 filed a charge sheet on 11.7.2000.

(3.) WHEN the accused were questioned under Section 313 Cr.P.C., with regard to the incriminating circumstances appearing against them in the evidence of the prosecution witnesses, they denied their complicity of the offences alleged against them.